Usually, you do not automatically enrol temporary employees you’re employing for 28 days or less.
The 28 days is their period of employment, not the number of days or hours they work. For example, if your employee has a two week contract but only works Tuesdays and Thursdays, their period of employment is 14 days employment not 4 days.
If they’re eligible, they can choose to opt into KiwiSaver.
A temporary employee is an employee who:
- is employed to work ‘as and when required’, without a specific end date
- starts their period of employment each time they are engaged to work, and
- stops working each time that engagement ends.
Applying the 28 day rule to enrolment
If you engage your employee for future work and their current engagement has not ended, the combined engagements are one period of employment.
As long as each period of employment remains 28 continuous days or less, then you do not have to automatically enrol them.
You must automatically enrol them if their employment is extended beyond 28 days. This applies from the date you decide to extend their contract.
You do not have to automatically enrol your casual employees who:
- are engaged on an irregular and intermittent basis, and
- get holiday pay with their wages.
They can opt in through you or a scheme provider.
Casual agricultural workers and the 3 month rule
You do not have to automatically enrol casual agricultural workers you employ on a day-to-day basis for no more than three months.
If they’re eligible, they can opt in.
If your eligible casual agricultural employee’s work takes them over three months, and they’re not already in KiwiSaver, you must automatically enrol them.