Can an Employer Refuse Sick Leave NZ

So, you’re wondering if your boss in New Zealand can actually say no when you need to take a sick day? It’s a pretty common question, and honestly, the rules can feel a bit confusing. This article breaks down what the Holidays Act 2003 says about sick leave, when you’re entitled to it, and those tricky situations where an employer might question your absence. We’ll cover everything from how much leave you get to what happens if you run out, and what to do if you feel your rights are being ignored. Let’s get this sorted.

Understanding Your Legal Rights

So, you’re feeling under the weather and need to take a sick day. A common question that pops up is: Can an employer refuse sick leave in NZ? It’s a bit of a grey area for some, but the Holidays Act 2003 lays out pretty clear guidelines. Generally speaking, if you’re eligible and genuinely need the time off due to illness or injury, your employer can’t just say no.

Think of sick leave as a safety net. It’s there so you don’t have to choose between your health and your paycheck when you’re not feeling up to par. This applies whether you’re sick yourself or need to care for a sick child or partner. The law sets a minimum entitlement, and employers have to stick to it.

However, it’s not a free-for-all. There are specific situations where an employer might question or even deny a sick leave request. These usually involve:

• Notice: Did you let your employer know as soon as you could?
• Proof: Can you provide a medical certificate if asked, especially for longer absences?
• Entitlement: Have you already used up all your available sick leave for the year?

It’s important to know your rights and responsibilities. Understanding these points can help you avoid any misunderstandings with your employer. If you’re unsure about your specific situation, it’s always a good idea to check your employment agreement or seek advice.

The Holidays Act 2003 provides a baseline for sick leave. While employers can offer more generous terms, they cannot offer less than the legal minimum. This means that for eligible employees, taking sick leave when genuinely needed is a right, not a privilege that can be arbitrarily withheld.

Overview of Sick Leave Entitlements Under the Holidays Act 2003

So, you’re wondering about sick leave in New Zealand? The Holidays Act 2003 is the main law that lays out what you’re entitled to. It’s pretty straightforward, but there are a few key things to keep in mind.

Basically, if you’ve been with the same employer for at least six months, you’re generally eligible for paid sick leave. This applies whether you work full-time, part-time, or even on a casual basis, as long as you meet certain average hour requirements over those six months. The law sets a minimum entitlement, but your employer can offer more if your employment agreement says so.

Here’s a quick rundown of the basics:

• Minimum Entitlement: Most eligible employees get 10 days of paid sick leave per year. This is the minimum, and it kicked in from July 2021 after an amendment to the Act.
• Accumulation: You can carry over unused sick leave from one year to the next. However, there’s a cap – you can accumulate a maximum of 20 days of sick leave in total.
• Eligibility Criteria: To get the 10 days each year, you need to have worked for your employer continuously for six months. If your work isn’t continuous, you need to have worked an average of at least 10 hours per week over those six months, or at least one hour every week or 40 hours every month.

It’s important to know that this is a minimum. Your employer can’t give you less than 10 days, but they could agree to give you more through your employment contract.

The Holidays Act 2003 is designed to provide a safety net for employees who are unwell or need to care for a sick family member. It’s a core part of your employment rights in New Zealand.

If you don’t meet the criteria for a new sick leave entitlement in a given year, you won’t get any new days added. However, you can still use any sick leave you’ve already carried over from previous years, up to that 20-day maximum.

Who Is Eligible for Sick Leave in New Zealand?

So, who actually gets to claim sick leave in New Zealand? It’s not just for anyone, but the criteria are pretty straightforward for most folks.

Basically, if you’ve been working for the same employer for at least six months continuously, you’re generally eligible. There’s also a path for those who haven’t been with the company for six months straight but have worked an average of 10 hours per week, with at least one of those hours falling in each week (or 40 hours in a month). This covers a lot of part-time and casual workers, too.

The key thing is that you’ve met the minimum employment duration and hours requirement. If you tick those boxes, you’re in line for the minimum sick leave entitlements under the Holidays Act 2003.

Here’s a quick rundown of who’s typically covered:

• Permanent Employees: If you’re on a permanent contract and have passed the six-month mark, you’re eligible.
• Fixed-Term Employees: Even if your contract has an end date, you’re still entitled to sick leave once you’ve met the six-month service requirement.
• Casual Employees: As long as you meet the average hours test (10 hours per week over six months), you’re eligible for sick leave, calculated based on your average hours.
• Part-Time Employees: Similar to casual staff, if you meet the average hours criteria, you get the same minimum sick leave entitlement, not a pro-rata amount based on fewer working days.

It’s worth noting that your employment agreement might offer more generous sick leave terms than the legal minimum, but it can’t offer less.

If you’re unsure about your specific situation, especially if your employment is a bit unusual, it’s always a good idea to check your employment agreement or have a chat with your employer or HR department. They should be able to clarify your eligibility based on the Holidays Act and your contract.

How Much Sick Leave Are Employees Entitled to in NZ?

So, you’re wondering how many sick days you’re actually entitled to in New Zealand? It’s a pretty straightforward system, thankfully. After you’ve been with your employer for six months continuously, you’re generally eligible for a minimum of 10 days of paid sick leave each year. This is a legal minimum, meaning your employer can offer more if your employment agreement says so, but they can’t offer less.

This entitlement resets every 12 months, which is your ‘entitlement year’. If you don’t use all your sick leave in one year, you can carry over up to 10 unused days to the next year. This means you could potentially build up a balance of up to 20 days of sick leave. It’s a good idea to keep an eye on your sick leave balance, especially if you tend to get sick often or have dependents who might need care.

Here’s a quick breakdown:

• Initial Entitlement: 10 days per year after 6 months of continuous employment.
• Carry-over: Up to 10 unused days can be carried over to the next year.
• Maximum Balance: You can accumulate a maximum of 20 days of sick leave.

It’s important to remember that this applies even if you work part-time or are a casual employee, as long as you meet the average hours test. The amount of sick leave you get isn’t reduced just because you work fewer days per week. The system is designed to be fair, linking your leave to your work, and you can find more details about how sick leave is calculated.

The key thing to remember is that these are minimum entitlements. Your employment agreement might offer a more generous sick leave policy, so it’s always worth checking that document if you’re unsure.

When Can an Employer Refuse Sick Leave NZ Legally?

Okay, so when can your boss actually say ‘no’ to your sick leave request in New Zealand? It’s not as simple as just wanting a day off, but the law does give employers a few specific reasons to question or deny it.

First off, if you haven’t actually earned the sick leave yet, meaning you haven’t hit that six-month continuous employment mark or met the average hours requirement, then your employer is within their rights to say you’re not eligible. It’s a bit like trying to use a coupon before you’ve bought anything – it just doesn’t work.

Then there’s the notice thing. While you can’t always predict when you’ll get sick, you do need to let your employer know reasonably promptly. If you just disappear for a few days without a word, that’s a problem. Your employer might be able to refuse the leave if you haven’t followed the proper notification procedures outlined in your employment agreement.

Another big one is if you’ve already used up all your sick leave for the year. The Holidays Act sets out your entitlement, and once that’s gone, it’s gone until your next entitlement year starts, unless your employment agreement offers more.

And finally, there’s the issue of proof. If you’re off sick for three or more consecutive days, your employer can ask for a medical certificate. If you don’t provide one when it’s legitimately requested, they might have grounds to refuse to pay you for that sick leave.

It’s important to remember that these are specific, legal reasons. An employer can’t just refuse sick leave because they feel like it or because they’re busy. There needs to be a genuine, lawful basis for the refusal.

Here are the main situations where refusal might be legally justified:

• Not Yet Eligible: You haven’t met the minimum employment duration or hours to qualify for sick leave.
• Insufficient Notice: You failed to inform your employer about your absence promptly as per your agreement.
• Exhausted Entitlement: You have already used all your accrued sick leave days for the current entitlement period.
• Failure to Provide Proof: For absences of three or more consecutive days, you haven’t provided a medical certificate when requested.

Situations Where an Employer Cannot Refuse Sick Leave NZ

Generally speaking, if you’re eligible for sick leave and you’ve followed the correct procedures, your employer can’t just say no. The Holidays Act 2003 lays out your entitlements clearly. It’s a legal right, not really a favour your boss is doing you. So, if you’re feeling under the weather, injured, or need to care for a sick family member, and you’ve got sick leave days available, you should be able to take them.

There are a few key things to remember:

• You’ve met the eligibility criteria: This usually means you’ve been with your employer for at least six months continuously, or have worked an average of 10 hours per week over that time.
• You have sick leave days available: Your entitlement is typically 10 days per year, and you can carry over unused days up to a maximum of 20.
• You’ve followed the notification process: This means letting your employer know as soon as reasonably possible that you’re sick and won’t be coming to work.

If you meet these conditions, your employer really shouldn’t be refusing your sick leave request. It’s designed to protect your health and your job security. Trying to block you from using your available sick leave when you’re genuinely unwell would likely be a breach of the law.

It’s important to remember that sick leave is there for genuine illness or injury. While employers can’t arbitrarily refuse it, they do have the right to ensure it’s being used appropriately according to the law and your employment agreement.

Notice Requirements: When Employees Must Inform Their Employer

So, you’re feeling under the weather and need to take a sick day. What’s the first thing you should do? Well, before you even think about what’s wrong or how long you’ll be out, you absolutely need to let your boss know. The sooner, the better is the golden rule here. It’s not about waiting until you’re feeling a bit more up to it; it’s about giving your employer a heads-up as soon as you realise you can’t make it to work.

Think about it from their perspective. They need to figure out who’s covering your tasks, adjust schedules, and generally keep the wheels turning. A quick call, text, or email first thing in the morning (or even the night before if you know you’re not going to make it) makes a huge difference.

Here’s a general rundown of what’s expected:

• Immediate Notification: As soon as you know you’re too sick to work, inform your employer. This usually means before your shift starts.
• Method of Communication: Check your employment agreement or company policy. Most places are fine with a phone call, text message, or email, but some might have specific requirements.
• Details to Provide: You don’t need to give a full medical history, but state that you are unwell and unable to work. You might also need to mention how long you expect to be off, if you know.

While the law doesn’t specify an exact timeframe, like ‘within two hours of your shift starting’, the expectation is always to notify your employer as soon as is reasonably practicable. This means you can’t just wait until the end of the day to say you were sick all day.

If you’re really out of it, try to get someone else to contact your employer for you. The main point is that your employer needs to be aware that you’re not coming in due to illness, and they need that information promptly so they can manage things at their end.

Medical Certificates: When Employers Can Request Proof

So, you’re feeling under the weather and need to take a sick day. Your employer might ask for proof that you were actually sick, especially if you’ve been off for a few days. Generally, if you’re off sick for three or more consecutive days, your employer can ask for a medical certificate, and you’ll usually have to cover the cost of that doctor’s visit yourself. It’s like a standard procedure to make sure everything’s on the up and up.

But what if you’re only off for a day or two? Well, it’s a bit different. Your employer can still ask for proof, but here’s the catch: if they do, and you agree to get it, they have to pay for it. Think of it as a cost-sharing thing. If they insist on a certificate for a short absence but aren’t willing to cover the doctor’s fees, that might not be fair. Always check your employment agreement too, as it might have specific rules about this.

Here’s a quick rundown:

• Absence of 3+ consecutive days: Employer can request proof, and you typically cover the cost.
• Absence of less than 3 days: Employer can request proof, but must cover your reasonable costs if you agree to get it.
• Employment Agreement: Always a good idea to see what your specific contract says about medical certificates.

It’s important to remember that your employer can’t tell you which doctor you have to see. You get to choose your own medical professional.

The key thing is that while employers can ask for proof, they need to follow the rules, especially regarding who pays for it. It’s not meant to be a barrier to you taking legitimate sick leave.

Can an Employer Refuse Sick Leave NZ Without a Medical Certificate?

So, your employer is asking for a doctor’s note, but you’ve only been off for a day or two. Can they actually do that? Generally speaking, the Holidays Act 2003 has specific rules about when a medical certificate can be requested. For absences of less than three consecutive calendar days, an employer can ask for proof, but they usually have to cover the costs associated with getting that proof. This means if they insist on a doctor’s visit for a short absence, they should be footing the bill for it. If they don’t agree to cover the costs, then demanding a certificate for a short absence might not be considered fair. It’s a bit of a grey area, and it really depends on the specifics of your situation and what your employment agreement says.

Essentially, while an employer can’t just deny your sick leave outright if you’re eligible and genuinely unwell, they do have some rights to verify the reason for your absence, especially for longer periods. If you’ve provided the required proof and are eligible for paid sick leave, refusing to acknowledge it could be a breach of the law.

It’s important to remember that sick leave is a legal entitlement, not a favour. While employers have rights to ensure the system isn’t abused, they also have obligations to respect your right to take time off when you’re genuinely sick or need to care for a dependent.

What Happens if an Employee Has No Sick Leave Balance Left?

So, you’ve run out of sick days. It happens to the best of us, especially after a rough flu season or a particularly demanding period at work. If you find yourself with zero sick leave balance left, don’t panic just yet. Your employer isn’t automatically allowed to just say ‘tough luck’.

When your sick leave entitlement is all used up, there are a few common paths forward, and it often comes down to what you and your employer agree on. The Holidays Act 2003 doesn’t automatically mean you can’t take time off; it just means you won’t be paid for it under the sick leave provision.

Here are the typical options:

• Annual Leave: You might be able to use some of your annual holiday entitlement. This needs to be agreed upon with your employer, as they can’t force you to take annual leave instead of sick leave if you have sick leave available, but if you don’t, it’s a possibility.
• Leave Without Pay: This is often the next step if you’ve exhausted both sick and annual leave. It means you’ll be taking time off work, but you won’t be paid for it. Again, this usually requires a discussion and agreement with your employer.
• Advance Leave: In some cases, an employer might agree to let you take sick leave in advance. This means you’d be borrowing days from your next year’s entitlement. This is entirely at the employer’s discretion and should be clearly documented.

It’s important to remember that unused sick leave doesn’t get paid out when you leave a job. It’s a benefit you have while you’re employed. If you’re unsure about your specific situation or your employer’s policies, it’s always a good idea to check your employment agreement or have a chat with your manager. Sometimes, employers are more flexible than you might think, especially if you’ve been a reliable employee. Remember, if you’re injured at work, the Accident Compensation Corporation (ACC) might cover some of your lost wages, which is a separate process from using your sick leave entitlement.

If you’ve used all your sick days and need more time off, the key is communication. Discuss your situation openly with your employer to explore options like using annual leave or taking unpaid leave. These arrangements should be agreed upon and ideally put in writing to avoid any misunderstandings later on.

Sick Leave During Public Holidays, Rostered Days, and Weekends

So, what happens when you get sick, and it lands on a public holiday, a day you’d normally have off (like a rostered day off, or RDO), or a weekend? It can get a bit confusing, right?

Generally, if you’re entitled to sick leave and you’re genuinely unwell on one of these days, you can use your sick leave entitlement. The Holidays Act 2003 is pretty clear that sick leave is for when you’re unable to work because you’re sick or injured. This applies whether it’s a regular workday or a day you’d normally be off.

Here’s a breakdown:

• Public Holidays: If you’re sick on a public holiday, you can claim sick leave. This means you get paid for the sick day, and you also retain your entitlement to the public holiday payment. It’s like getting paid twice, in a way, for that day.
• Rostered Days Off (RDOs): If you’re scheduled to work but are sick on your RDO, you can use sick leave. This ensures you’re compensated for the day you would have otherwise worked.
• Weekends: If your normal work pattern includes weekends and you become sick on a day you’re scheduled to work, you can use sick leave. However, if weekends are simply your days off and you’re not scheduled to work, you generally wouldn’t use sick leave for those days unless you were sick on a day you were supposed to be working.

The key is whether you would have otherwise been working and earning if you weren’t sick.

It’s important to remember that you still need to follow the usual procedures for notifying your employer about your illness, even if it falls on a non-standard workday. Providing notice as soon as possible is always the best policy.

Sometimes, people think sick leave only applies to regular Monday-to-Friday workdays. But the law is designed to cover you when you’re genuinely unable to work due to illness, regardless of when that day falls in your usual work schedule. This means your entitlements are protected even on days you’d normally be off but were scheduled to work.

Sick Leave Rights for Casual, Part-Time, and Fixed-Term Employees

So, you’re not a standard 9-to-5er? Maybe you work casual hours, part-time, or have a contract that’s set to end. Does that mean you miss out on sick leave? Nope, not necessarily. The Holidays Act 2003 actually covers a lot of different employment types, and that includes you.

The main thing is whether you’ve met the eligibility criteria. Generally, after you’ve been with the same employer for six months continuously, you’re entitled to 10 days of sick leave per year. But for those who don’t work a full 40 hours every week, there’s a slightly different way to qualify. You’re eligible if you’ve worked for your employer for at least six months and, during that time, you’ve averaged 10 hours per week. This also means you need to have worked at least one hour every week, or 40 hours every month.

It’s a bit of a threshold to meet, but once you’re in, you’re in. This applies whether you’re a casual worker picking up shifts, someone working a few days a week, or on a fixed-term contract. The law aims to be fair across the board.

Here’s a quick rundown:

• Casual Employees: If you work on an ‘as-needed’ basis and have no guaranteed hours, you still qualify if you meet the six-month and average 10-hours-per-week rule.
• Part-Time Employees: If you work fewer hours than a full-time employee but have a regular schedule, your entitlement is the same – 10 days after meeting the eligibility period.
• Fixed-Term Employees: Your sick leave entitlement doesn’t change just because your job has an end date. You’re entitled to it just like permanent staff, provided you meet the criteria.

It’s worth remembering that you can accumulate unused sick leave, up to a maximum of 20 days. So, if you don’t use it all in one year, you can carry some over. This can be a real lifesaver if you have a longer-term illness or need to care for a sick family member.

Don’t assume that just because your employment isn’t permanent, you don’t have sick leave rights. The Holidays Act is pretty clear on this, and employers have to follow it. If you’re unsure about your specific situation, it’s always best to check your employment agreement or talk to your employer directly.

If you’ve used up your sick leave balance, you might be able to arrange with your employer to take annual leave or unpaid leave, but this is usually by agreement, not a right.

Employer Obligations and Record-Keeping Under the Holidays Act

So, what’s the deal with employers and sick leave records? The Holidays Act 2003 puts some clear responsibilities on them. Basically, they have to keep track of things like how much sick leave each employee has used and how much they have left. This isn’t just busywork; it’s a legal requirement.

Think of it like this:

• Accurate Tracking: Employers need to maintain records of each employee’s sick leave entitlement, accrual, and usage. This means knowing who’s used what and when.
• Accessibility: Employees have the right to see their own employment records, including sick leave balances, whenever they ask. It’s all about transparency.
• Compliance: Keeping these records straight helps employers follow the law and avoid any sticky situations down the line. It’s part of being a responsible employer.

It’s pretty straightforward, really. They need to know the numbers, and employees should be able to check them. This helps make sure everyone is on the same page regarding leave entitlements. If you’re ever unsure about your balance, just ask your employer for a look at your employment records.

Employers must also be careful not to deduct a full day of sick leave if an employee was only off for part of a day, unless the employment agreement specifically allows for this. It’s about fairness and sticking to the rules.

This record-keeping isn’t just about sick leave, either. It extends to other entitlements like annual holidays and public holidays too. It’s all part of the bigger picture of employment law in New Zealand.

What to Do if Your Employer Refuses Sick Leave Unlawfully

So, your boss has said no to your sick leave, and you’re pretty sure that’s not on. It’s a frustrating situation, for sure. But don’t just accept it if you feel your rights have been stepped on. There are steps you can take to sort this out.

First off, try to have a calm chat with your employer. Sometimes, there’s just a misunderstanding. Bring any proof you have, like a doctor’s note if you have one, and explain why you need the time off. If the conversation doesn’t go anywhere, or if you feel uncomfortable talking to them directly, it’s time to look at other options.

Here’s a general rundown of what you can do:

• Gather your evidence: Make sure you have copies of your employment agreement, any communication about your sick leave request, and any medical certificates or notes you’ve provided. This is your proof.
• Check your entitlement: Double-check the Holidays Act 2003 and your employment agreement to confirm you’re eligible for the sick leave you’re requesting. Sometimes, it’s just a matter of not meeting the minimum employment period or having already used up your balance.
• Seek advice: Don’t go it alone. Some places can help you figure out your next move. You can contact the Ministry of Business, Innovation and Employment (MBIE) for general advice, or look into employment services that offer support for employees.
• Formal complaint: If informal steps don’t work, you might need to file a formal grievance. This usually involves a written complaint outlining the issue and what you’re seeking as a resolution. Your employer should have a process for handling these.

Remember, sick leave is a legal entitlement for eligible employees in New Zealand. While employers can ask for proof under certain circumstances, outright refusal without a valid reason is generally not allowed and could lead to issues for them.

If you’ve tried talking to your employer and they’re still not budging, or if you feel the situation is serious, you might need to consider taking it further. This could involve mediation or even going to the Employment Relations Authority. It’s always best to get advice specific to your situation before you make any big decisions. You can find more information on workplace misconduct and procedures on the MBIE website.

It’s important to remember that while using sick leave is your right, there are also expectations around how it’s used. If your employer has genuine concerns about misuse, they should follow a fair process to address it, rather than just refusing leave outright. This might involve looking into patterns of absence or discussing potential underlying health issues.

Penalties for Employers Who Wrongfully Refuse Sick Leave NZ

So, what happens if your boss just flat-out refuses to let you take sick leave when you’re actually entitled to it? Well, it’s not just a slap on the wrist. New Zealand law takes employee rights pretty seriously, and there are real consequences for employers who don’t play by the rules.

If an employer wrongly denies sick leave, they could be looking at some hefty penalties. This usually comes down to the Employment Relations Authority (ERA) or the Employment Court. They’re the ones who decide if an employer has breached an employment agreement or the Holidays Act.

Here’s a breakdown of what could happen:

• Back Pay: The most straightforward penalty is that the employer will have to pay you for the sick leave you were entitled to but didn’t get.
• Compensation for Humiliation or Loss: Beyond just the lost wages, the ERA can order the employer to pay you compensation for any humiliation, loss of dignity, or other disadvantage you suffered because of the employer’s actions.
• Fines: In more serious cases, especially if there’s a pattern of non-compliance, the Ministry of Business, Innovation and Employment (MBIE) can take legal action, which could result in significant fines for the employer.
• Orders to Comply: The Authority can also issue orders requiring the employer to follow the law correctly in the future, which might include specific training or changes to their policies.

It’s important to remember that these penalties aren’t automatic. You usually need to raise a formal complaint or take a case to the ERA. The process involves proving that you were entitled to the sick leave and that the employer’s refusal was unlawful. So, while the law is on your side, you might need to take steps to enforce your rights.

Basically, employers can’t just ignore the Holidays Act when it comes to sick leave. Doing so can end up costing them a lot more than just paying out the leave itself. It’s a good reminder for everyone to know their rights and for employers to make sure they’re meeting their obligations.

Common Myths About Whether an Employer Can Refuse Sick Leave in NZ

It feels like there are always a million little things people get wrong about their work rights, and sick leave in New Zealand is no different. Let’s clear up some of the common misunderstandings.

One big myth is that an employer can just say ‘no’ to sick leave whenever they feel like it. That’s generally not true. If you’re eligible for sick leave under the Holidays Act 2003 and you’re actually sick or injured (or need to care for a sick dependent), your employer can’t just refuse it. They have to follow the rules.

Here are a few other things people often get mixed up:

• Myth: You need a doctor’s note for even a single day off sick.
  • Reality: Your employer can only ask for proof (like a medical certificate) if you’ve been off for three or more consecutive days, unless your employment agreement says something different and you agreed to it. And if they do ask, they usually have to cover the cost.
• Myth: If you’ve used up your sick leave, you’re out of luck.
  • Reality: While you can’t take more paid sick leave than you’re entitled to, your employer might let you take leave in advance, use annual leave, or take unpaid leave. It depends on your employer and your agreement.
• Myth: Employers can discipline you for taking too much sick leave.
  • Reality: Simply taking a lot of sick leave isn’t usually grounds for discipline. However, if your employer has a genuine concern that you’re misusing sick leave (like taking it for non-sick reasons), they can investigate. But they have to be careful and follow a fair process, considering any underlying health issues.

It’s important to remember that the Holidays Act sets out minimum entitlements. Your employment agreement might offer more generous sick leave provisions, but it can’t offer less than what the law requires. Always check your specific agreement.

Another common idea is that casual or part-time workers don’t get sick leave, or get less. That’s not right either. If you meet the criteria for continuous employment or average hours worked, you’re entitled to the same minimum sick leave as full-time staff. It’s all about the time you’ve put in and the hours you regularly work, not just the days you’re scheduled to be on the clock.

Many people wonder if their boss can deny them sick leave in New Zealand. It’s a common question, and the rules can seem confusing. We break down the common myths about employer sick leave refusals. Want to know your rights? Visit our website for clear answers and helpful advice.

Frequently Asked Questions

Can my boss just say no to my sick leave request in New Zealand?

Generally, no. If you’ve worked for your employer for at least six months and meet the work hours requirement, you’re usually entitled to sick leave. Your employer can’t just refuse it without a really good reason. It’s a legal right to help you when you’re not feeling well.

How much sick leave do I get in New Zealand?

Most employees in New Zealand get at least 10 days of paid sick leave each year. This is after you’ve been with your employer for six months. If you don’t use all your sick days, you can carry over up to 10 days to the next year, but you can only have a maximum of 20 days saved up.

What if I don’t have any sick leave days left?

If you’ve used up all your sick leave, you might be able to arrange with your employer to take annual leave instead, or take unpaid leave. This usually needs to be agreed upon by both you and your employer.

Can I use sick leave to look after a sick family member?

Yes, you can use your sick leave to care for your partner, child, or another family member you depend on if they are sick or injured. The law allows for this kind of caregiving leave.

What should I do if my employer wrongly refuses my sick leave?

If you believe your employer has unfairly refused your sick leave, you should first try to discuss it with them. If that doesn’t resolve the issue, you can seek advice from Employment New Zealand or consider getting help from a union or an employment lawyer. There are steps you can take to sort out disagreements.