Work out your sick leave balance under the Holidays Act 2003. Enter your employment details below to see your current entitlement, carry-over, and a comparison with the proposed Employment Leave Bill.
The Employment Leave Bill was introduced in March 2026 and referred to the Education and Workforce Committee. Submissions closed 14 April 2026. If passed, there will be a 24-month implementation period before the changes take effect.
Key change: Sick leave will shift from a lump-sum 10 days after 6 months to an hours-based accrual from day one. Full-time employees (40 hrs/wk) will accrue the same total, but part-time employees will accrue proportionally less. The maximum accumulation cap remains equivalent at 160 hours (20 days for full-time).
Until the Bill passes and takes effect, the current Holidays Act 2003 rules apply in full.
Sick leave in New Zealand is governed by the Holidays Act 2003 (Part 4, sections 63 to 71). It provides a minimum entitlement that all employers must meet, though many employers offer more generous provisions in their employment agreements.
To become entitled to sick leave, an employee must have completed 6 months of continuous employment with the same employer. During this period, the employee must have worked:
Once these conditions are met, the employee immediately receives 10 days of sick leave. The entitlement then renews every 12 months on the anniversary of the end of the initial 6-month qualifying period.
| Aspect | Current Law (Holidays Act 2003) | Proposed (Employment Leave Bill) |
|---|---|---|
| Entitlement | 10 days per year (lump sum) | 0.0385 hours per standard hour worked |
| Eligibility starts | After 6 months continuous employment | From day one of employment |
| Maximum accumulation | 20 days at any one time | 160 hours (equivalent for 40 hr/wk worker) |
| Unit of leave | Days | Hours (can take part-days) |
| Covers dependents | Yes | Yes |
| Medical certificate | After 3+ consecutive calendar days | To be confirmed in final Bill |
| Part-time treatment | Same 10 days regardless of hours | Proportional to hours worked |
Under the current law, a part-time employee working 10 hours per week receives the same 10 days of sick leave as a full-time employee working 40 hours per week. The proposed Bill would change this so that sick leave accrues in proportion to hours worked. For example, an employee working 20 hours per week would accrue approximately 40 hours of sick leave per year (5 days), compared to 80 hours (10 days) for a full-time employee.
Sick leave can be taken when:
Sick leave must be paid at the employee's relevant daily pay or average daily pay, whichever is greater. Relevant daily pay is what the employee would have earned on the day if they had worked, including regular allowances and productivity payments. Average daily pay is calculated by dividing the employee's gross earnings over the last 52 weeks by the number of whole or part days worked in that period.
An employer can request proof of sickness or injury (such as a medical certificate) if the employee is absent for 3 or more consecutive calendar days. Some employment agreements allow the employer to request proof for shorter absences, but in such cases the employer must generally meet the cost of obtaining the certificate.
Unlike annual leave, unused sick leave is NOT paid out when employment ends, unless the employment agreement specifically provides for this (which is rare). When you leave a job, your sick leave balance resets to zero with your new employer, and you must complete a new 6-month qualifying period.
Employers must keep accurate records of sick leave entitlements, usage, and balances. These records must be available for inspection and must be retained for 6 years. Failure to comply can result in penalties from the Labour Inspectorate.
Sources: Holidays Act 2003 ss 63-71 (legislation.govt.nz). Employment Leave Bill 2026 (legislation.govt.nz/bill/government/2026/259). Employment New Zealand sick leave guidance (employment.govt.nz). MBIE Holidays Act reform page (mbie.govt.nz).
This calculator provides indicative information only and does not constitute employment or legal advice. Sick leave entitlements depend on individual employment agreements, which may provide more generous terms than the statutory minimum. The Employment Leave Bill is before Parliament and is not yet law. Consult Employment New Zealand or a qualified employment lawyer for advice specific to your situation.
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