Leave of absence without pay

It is the responsibility of individual local authorities to resolve and adopt their own rules for granting an extended leave of absence without pay to a local government member, mayor, or regional council chair.  See LGNZ’s Guide to Standing Orders for more information on the granting of leave of absences to local government members.

Local government members, unlike paid employees, do not have entitlements to prescribed holiday or sick leave. Most local government members will take leave from time to time.

An extended leave of absence without pay could be for personal reasons such as family/parental leave, prolonged holiday, illness or in some cases, when standing for another public office. 

The following information on eligibility for extended leave of absence without pay, cessation of remuneration allowances, and expenses, and Acting mayor or chairperson are rules prescribed by the Authority under schedule 7, section 6(3)(b)(ii) of the Local Government Act 2002 (the Act) for all local government members listed under schedule 7, sections 6(1) & 6(2) of the Act.

Eligibility

Eligibility for extended leave of absence without pay: 

• The leave of absence without pay can may be granted for a period by formal resolution of the council.
• The period of leave must involve total absence. The local government member cannot undertake any duties either formal or informal – this includes council meetings, meetings with external parties and constituent work. Nor can the local government member speak publicly on behalf of the council or represent it on any issues.

Cessation of remuneration, allowances and expenses

While on a formal extended leave of absence without pay

• The payment of remuneration, allowances, and the reimbursement of expenses to a local government member (including mayor or regional council chair) must cease during the whole period for which formal leave of absence is granted.
• All other benefits (including the use of a council provided vehicle for the mayor or regional council chair) will also be unavailable to the local government member during the whole of period for which formal leave of absence is granted. 

Acting mayor or chairperson

An important role of the deputy mayor or deputy regional council chair is to cover short absences by the mayor or regional council chair. In these cases, the deputy is not eligible to receive the remuneration, allowances and benefits usually payable to the mayor or regional council chair.

However, if a local government member is acting as the mayor or regional council chair because the position is vacant or the incumbent is on a formal extended period of leave of absence without pay (as described above), the acting member is eligible to receive the remuneration, allowances, fees and benefits usually payable to the mayor or regional council chair, instead of the acting member’s usual entitlements listed in the current Local Government Members Determination and the council’s members expenses and reimbursement policy. The acting member is also entitled to the use of the motor vehicle if one is provided to the mayor or regional council chair.