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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.

Key Point: Most employees become entitled to a minimum number of paid sick days after a qualifying period of employment, with the exact number set by law. That minimum has changed over time, so always check the current figure. Sick leave covers you, and also a spouse, partner, child, or other dependant who is sick or injured.

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

You work for the qualifying period of continuous employment
You then receive the minimum sick leave entitlement
A new allocation is added at each set interval after that
Unused sick leave carries over, up to a legal maximum

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.

It is not paid out: When you leave a job, untaken sick leave is generally not paid out, unlike annual leave. Sick leave exists to cover you while employed, not as money owed to you.

📋 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.

SituationTypical approach
Short absenceProof can be requested, with conditions; employer may help with the cost
Longer absenceA medical certificate is more commonly required
No sick leave leftTime 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.
Do not dip into the wrong leave: Using annual leave for sickness when you still have sick leave available wastes your holiday entitlement. Keep them separate so each does its job.

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)

1. Sick leave is:
A legal entitlement under the Holidays Act
An optional employer perk
Only for full-time managers
The same as annual leave
2. Sick leave can be used for:
Your own illness or caring for a sick dependant
Only your own illness
Holidays
Running errands
3. The exact minimum number of sick days is:
Set by law and has changed over time, so check the current figure
Fixed forever
Decided by each employee
Always ten thousand
4. Caring for a sick child comes out of:
The same sick leave balance
A separate unlimited pool
Annual leave only
The employer pocket
5. Employees generally qualify for sick leave after:
An initial qualifying period of continuous employment
The first day
Ten years
Retirement
6. After qualifying, new sick days are:
Added at set intervals
Never added again
Paid in cash
Removed
7. Unused sick leave:
Carries over up to a legal maximum
Is paid out each year
Disappears immediately
Doubles automatically
8. When you leave a job, untaken sick leave is:
Generally not paid out
Always paid out
Carried to your next job
Converted to annual leave
9. You should tell your employer you are sick:
As early as possible, ideally before your shift
A week later
Only in writing months after
Never
10. An employer can ask for proof of sickness:
Such as a medical certificate, subject to rules
Never
Only for managers
Only after a year
11. If proof is required for a short absence, the employer may:
Need to contribute toward the cost of obtaining it
Charge the employee extra
Refuse all leave
Ignore the rules
12. For a longer absence, a medical certificate is:
More commonly required
Never allowed
Always free to ignore
Paid by Inland Revenue
13. A paid sick day is generally paid at:
Your relevant daily pay for that day
The minimum wage only
Zero
Double pay
14. If you run out of sick leave but are unwell, you can:
Agree to take annual leave or unpaid leave
Be paid extra sick leave automatically
Take unlimited paid days
Do nothing and not tell anyone
15. Some employers allow sick leave:
In advance by agreement
Only after you quit
Never under any circumstances
Only for holidays
16. Using annual leave for sickness when sick leave is available:
Wastes your holiday entitlement
Is always required
Earns a bonus
Has no downside
17. Bereavement leave is:
A separate entitlement from sick leave
Part of sick leave
The same as annual leave
Not a thing in New Zealand
18. Because the minimum days and carry-over cap can change, you should:
Check the current figures with Employment New Zealand
Assume old numbers still apply
Guess
Ask a friend only
19. If you think your sick leave entitlement is wrong, you should first:
Raise it with your employer
Resign
Say nothing
Pay yourself
20. The best summary of sick leave is:
Covers illness and dependant care, builds with a cap, not paid out on leaving
Paid out like annual leave
Only for your own illness
Unlimited and uncapped

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