How Sick Leave Entitlements Work
🤒 Paid Time Off When You Are Unwell
Sick leave is paid time off for when you, or someone who depends on you, is unwell or injured. Like annual leave, it is a legal entitlement under the Holidays Act, not something an employer chooses to offer. Knowing the rules means you can take the time you need to recover without worrying about pay, and without using up your holiday leave.
What Sick Leave Covers
- Your own illness or injury: the most common use.
- Caring for a dependant: a partner, child, or other person who depends on you, when they are unwell.
This wider coverage is sometimes called domestic leave, and it is part of the same sick leave entitlement, so caring for a sick child comes out of the same balance.
📅 When You Qualify and How Days Build
Employees generally become entitled to paid sick leave after an initial qualifying period of continuous employment. After that, a fresh allocation of sick days is added at set intervals.
Qualifying and Top-Ups
Carrying Sick Leave Over
Unlike annual leave, sick leave is not paid out if you do not use it. Instead, unused sick days carry over to the next period, building up to a maximum cap set by law. This lets you accumulate a buffer for a more serious illness, but there is a ceiling, so it does not grow without limit.
📋 Proof, Notice and Pay
Telling Your Employer
You should tell your employer as early as possible that you will be away sick, ideally before your shift starts or as soon as you can. Many workplaces have a process for calling in, and following it keeps things simple.
Proof of Sickness
An employer can ask for proof of sickness, such as a medical certificate. There are rules about when they can require it, particularly for shorter absences, and if they ask for proof for a short absence they may need to contribute toward the cost of getting it. For longer absences, a medical certificate is more commonly required.
| Situation | Typical approach |
|---|---|
| Short absence | Proof can be requested, with conditions; employer may help with the cost |
| Longer absence | A medical certificate is more commonly required |
| No sick leave left | Time off may be unpaid or taken as annual leave by agreement |
How Sick Days Are Paid
A paid sick day is generally paid at your relevant daily pay, what you would have earned had you worked that day. If your daily pay varies, an average daily pay calculation may be used instead. Check our Sick Leave Calculator for an estimate.
💡 Running Out and Common Questions
If You Run Out of Sick Leave
If you are unwell but have used all your sick leave, you and your employer can agree to take the time as annual leave, or as unpaid leave. Some employers allow sick leave in advance by agreement. The key is to communicate early rather than simply not showing up.
Sick Leave Versus Other Leave
- Annual leave: for rest and holidays, paid out if unused when you leave.
- Sick leave: for illness or caring for a dependant, not paid out when you leave.
- Bereavement leave: a separate entitlement for the death of certain family members.
Where to Check the Rules
Because the minimum number of sick days and the carry-over cap are set by law and have changed over time, always check the current figures with Employment New Zealand. If you think your entitlement is wrong, raise it with your employer first.
Final word: sick leave is a legal entitlement that covers your own illness and caring for dependants, builds up with a carry-over cap, and is not paid out when you leave. Communicate early, keep it separate from annual leave, and check the current minimums. This is general information, not legal advice.
🎯 Test Your Knowledge
Quiz on Sick Leave Entitlements (20 Questions)
Related guides
- Annual Leave Explained, a related guide in the same area.
- Parental Leave Payments Guide, a related guide in the same area.