If You're Sick, Does Your Employer Have to Pay You?

In New Zealand, sick leave is a fundamental right for employees. Employers generally cannot refuse sick leave if you are entitled to it. Sick leave ensures you can take time off work when you're unwell without compromising your financial stability.

What are my entitlements?

The legal framework governing sick leave in New Zealand is outlined in the Holidays Act 2003. Employees are entitled to a minimum of ten days of sick leave per year after the first six months of continuous employment. Sick leave covers situations where you can't work due to illness or injury.

Can my employer refuse to pay me sick leave then?

There may be times when an employer may query or deny sick leave:

• Insufficient Notice: Employers may require reasonable notice when taking sick leave. If you fail to give notice or provide inadequate notice, your employer might deny the request.

• Misuse of Sick Leave: If your employer has evidence that you're abusing sick leave, for example, by taking unauthorized days off or providing false information, they may take disciplinary action and deny further sick leave requests.

• Medical Certification: Employers can request medical certificates as proof of the need for sick leave, especially for extended absences. If you fail to provide a medical certificate when requested, your employer may deny the sick leave.

• Exhaustion of Sick Leave Entitlement: If you have used up your allocated sick leave days for the year, your employer may deny additional requests until your leave balance is replenished.

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Still have questions?

Check your employment agreement, ask your employer, or give us a call!

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