Can my employer ask why I want time off?

Yes, your employer can ask you why you want time off, but only if it is necessary for them to know in the circumstances, and you can decide how much information to provide. You will need to indicate what type of leave you wish to take (e.g. annual leave, sick leave bereavement leave, parental leave or other special leave).

You do not need to tell your employer why you want to take annual leave, especially if it’s to deal with a personal, private or confidential matter, but it may assist your employer to prioritise leave requests if you indicate why you want to take leave. If it’s relevant to your particular employment relationship, and is covered in your employment contract, you may need to provide your employer with information about where you will be and what you will be doing during your leave.

The Privacy Act doesn’t require you to tell your employer why you want time off, this is covered by employment law. However the Privacy Act allows employers to ask you about your leave, provided they comply with privacy principles 1 to 4.

The Privacy Act allows employers to collect personal information about employees if necessary for a lawful purpose (principle 1) and in a manner that is not unfair to the employee in the circumstances or unreasonably intrusive on the employee’s personal affairs (principle 4).

If your employer asks you questions about the purpose of your leave, they are required to comply with principle 3 and let you know why the information is being collected, how the information will be used and the consequences for you if you don’t provide it. If you feel that your employer is intruding on your privacy by requesting too much information about your leave request, you can raise this with your employer and contact OPC if you wish to make a complaint.

For more information on employment obligations, visit www.employment.govt.nz(external link).