The Government will start the process of giving every New Zealander an extra five days of sick leave a year before Parliament adjourns for the summer break. Yes. Pro-rated paid sick leave for new hires (under 6 months) If you are a new employee, paid sick leave is … Her former employers say the case highlights problems with employment law. State earned sick leave used runs concurrently with any time off that the employee is entitled to under other MIT sick leave policies, the Family Medical Leave Act, the Massachusetts Parental Leave Act, the Small Necessities Leave Act, the Massachusetts Domestic Violence Leave Act, and any other federal or state leave law that provides for concurrent use of leave. All about pay, hours at work, record keeping and what breaks employees are entitled to. This means that employees who have not worked for their current employer for six months when the law comes into force will receive 10 days entitlement as soon as they become entitled to sick leave. Employees receive another five days sick leave for each twelve month period following on from that. Share. Payment for sick leave is only made when it is a day that the employee would otherwise have worked if they were not sick. Unused sick leave can’t be cashed-up or be part of any final payment to the employee when they leave, unless this is in the employment agreement. Those eligible for sick leave can build up at least 20 days of untaken sick leave — this is known as rolling over sick leave. Receive news and updates each month from Employment New Zealand. ® Ministry of Business Innovation and Employment, Calculating payments for holidays & leave, Psychometric testing and assessment centres, Things an employment agreement must contain, Offering and negotiating employment agreements, Code of good faith in collective bargaining, Local council Easter Sunday shop trading policies, Problems getting domestic violence rights, Leave and pay entitlements during COVID-19, COVID-19: Guidance for payroll professionals, Employment New Zealand's approach to COVID-19, COVID-19 Workers and Workplaces Assistance Fund, Public, sick, bereavement, alternative pay, Changes to tax legislation for employee share schemes, Holiday and leave entitlement and payment ‘must-knows’, Positive conversations and reaching agreement, What are ethical and sustainable work practices, Demand for ethical and sustainable work practices, End-to-end assurance systems and processes, Identify and minimise labour rights issues, Assessing the impact of structure change on jobs, Restructuring when a business is sold or transferred, The benefits of being a disability confident organisation, Plan to become a disability confident organisation, Disability information and resources for employers, Resources and government support for disabled employees and jobseekers, Employers who breached employment standards, Applying for employment relations education course approval, Wage subsidy and Leave Support: Complaints about employers, Calculating payments for holidays and leave, Employer's approach to assuring ethical and sustainable work practices, Franchisor's approach to assuring ethical and sustainable work practices, Recruiters and employment brokers approach to assuring ethical and sustainable work practices, they have six months’ current continuous employment with the same employer, or. Your employer must treat you fairly, pay you at least the minimum wage set by the government, and meet their other employment law obligations. If there is nothing specified in the employment agreement, it is then a matter of negotiation between the employer and the employee. Still haven't found what you're looking for? Amendments to sick leave entitlement and minimum wage increases are set to become law in New Zealand in 2021. If Claire is sick her sick leave payment includes the extra half hour she is normally paid for even though it isn’t in her employment agreement. Receive news and updates each month from Employment New Zealand. BY Jess Bell 09 Dec 2020. A number of NZ employment law changes are set to come into force next year following the re-election of Jacinda Ardern’s government. The employer is not legally required to give employees time off work to visit the doctor or dentist unless the employment agreement says so. Payment for sick leave is at the rate the employee would ordinarily be paid on the day leave is taken ie relevant daily pay (or their average daily pay where applicable). This clause in an employment agreement sets out when an employer can require a medical certificate, and who pays for the doctor’s visit. On September 30, 2020, the New York State Sick Leave (NYSSL) law, which requires employers to provide sick leave to employees, went into effect. Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. Employees who already have a sick leave entitlement when the legislation comes into force will become entitled to 10 days sick leave on their next entitlement date. The minimum number of sick days can vary with a change in law. ® Ministry of Business Innovation and Employment, Calculating payments for holidays & leave, Psychometric testing and assessment centres, Things an employment agreement must contain, Offering and negotiating employment agreements, Code of good faith in collective bargaining, Local council Easter Sunday shop trading policies, Problems getting domestic violence rights, Leave and pay entitlements during COVID-19, COVID-19: Guidance for payroll professionals, Employment New Zealand's approach to COVID-19, COVID-19 Workers and Workplaces Assistance Fund, Public, sick, bereavement, alternative pay, Changes to tax legislation for employee share schemes, Holiday and leave entitlement and payment ‘must-knows’, Positive conversations and reaching agreement, What are ethical and sustainable work practices, Demand for ethical and sustainable work practices, End-to-end assurance systems and processes, Identify and minimise labour rights issues, Assessing the impact of structure change on jobs, Restructuring when a business is sold or transferred, The benefits of being a disability confident organisation, Plan to become a disability confident organisation, Disability information and resources for employers, Resources and government support for disabled employees and jobseekers, Employers who breached employment standards, Applying for employment relations education course approval, Wage subsidy and Leave Support: Complaints about employers, Calculating payments for holidays and leave, Employer's approach to assuring ethical and sustainable work practices, Franchisor's approach to assuring ethical and sustainable work practices, Recruiters and employment brokers approach to assuring ethical and sustainable work practices. Extended Leave is available to employees who intend to assume care for a child under five years old that is born to the employee, the employee's spouse or a child (under five) the employee intends to adopt. For example, even if a part-time employee only works three days a week, they still get five days’ sick leave a year and can accumulate up to 20 sick days a year. sick leave is not capped or is capped at higher than 20 days. Your employer can ask you for a doctor’s certificate to prove you or a family member is sick… Taking unpaid leave If an employee (or their spouse, partner or dependant) falls sick when they have already started a period of annual holidays, they can change the days they are sick to sick leave days rather than annual holidays but only if their employer agrees. relating to employment law. You must enable JavaScript to submit this form. However, the employee and employer can agree to describe the entitlement in such terms as hours or part days if this is better for the employee. in the case of sick leave taken in advance, the amount of leave taken is to be deducted from the employee’s entitlement under this section. If you’ve been injured, sick leave arrangements are different. For example, after 6 months' employment, an employee gets at least 5 days’ sick leave. All about pay, hours at work, record keeping and what breaks employees are entitled to. If the employee works continuously but has an irregular pattern, sick leave is payable if the employee was rostered to work on the particular day leave is taken, or could have expected to be rostered. Payment for sick leave is made in the normal pay cycle. Sick leave (external link) – Employment New Zealand they have worked for the employer for six months for: at least one hour in every week or 40 hours in every month. This is a minimum right, and your employment agreement may give you a more generous sick leave entitlement or allow you to accumulate more than 20 days. Complaint or breach of rights. If you need advice or assistance on a matter involving sick leave or any other employment issue, please contact our employment law specialists: Glenn Finnigan Partner DDI (09) 300 6932 gfinnigan@jacksonrussell.co.nz Simon Davies-Colley Lawyer DDI (09) 300 6936 sdavies-colley@jacksonrussell.co.nz The maximum amount of sick leave that can be accumulated under the Holidays Act 2003 is 20 days. Many do, giving more days off and/or letting employees take sick leave in advance. There are several ways in which employment relationships may be ended, such as resignation, retirement, dismissal or redundancy. Disclaimer The information contained in this publication is of a general nature and is not intended as legal advice. In some situations, employees may be required to have a medical examination or be suspended from the workplace. This section provides help in some key areas. Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. Employees are legally entitled to five days paid sick leave after six months of employment, and five days sick leave for every subsequent 12 months of employment. Payment for this half sick leave day would be half of their relevant daily pay or average daily pay. Sick leave is paid time off work if an employee, their spouse, partner, dependent child, or other person who depends on them is sick or injured. The best way to prevent and resolve relationship problems between employers and employees. There are several ways in which employment relationships may be ended, such as resignation, retirement, dismissal or redundancy. Sick leave, bereavement leave, alternative holidays, and public holidays – employee rights and responsibilities. If an employee (or their spouse, partner or dependant) falls sick before starting scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave. If the employee works continuously but has an irregular pattern, sick leave is payable if the employee was rostered to work on the particular day leave is taken, or could have expected to be rostered. Five paid days of sick leave per year is available to employees so they can care for themselves or their dependants. Support is available in situations where employees need to stay away from work and cannot work from home. New York City also passed a law expanding sick leave protections in conjunction with the passage of the NYSSL law, which comes with enhanced responsibilities for NYC employers with respect to notice, reporting, and domestic workers. A guide to employees’ minimum leave and holiday entitlements. The sick leave is paid at the employee’s relevant daily pay or average daily pay. The sick leave is paid at the employee’s relevant daily pay or average daily pay. 5: Restriction on parental leave under this Act where employee or employee’s spouse or partner takes parental leave under any other provision: 6: Restriction on taking of parental leave within 6 months of end of previous period of parental leave in respect of another child: 6A: Treatment of employment with same employer for purposes of determining subsequent parental leave entitlements It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. Complaints, disputes and grievances are heard before a Workplace Relations Commission adjudicator who will listen to both sides before completing an investigation of the complaint and issuing a decision.. Often, disputes between employers and employees can be resolved … Medical examination In some situations, employees may be required to have a medical examination or be suspended from the workplace. Any unused sick leave at the end of a 12-month period can be carried over and added to their next year's entitlement. It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. For example, Claire’s employment agreement specifies an hour for lunch but Claire, at her employer’s request, usually takes only half an hour for lunch and gets an extra half hour payment each day. The Labour manifesto included sweeping changes to workplace relations aiming to improve legislation around pay equity, sick leave entitlements and the minimum wage. For example, if James normally works 8 hours Tuesday to Friday and four hours on Saturday and is sick on Saturday, the employer should pay James his relevant daily pay for the sick day, ie four hours. If you need advice or assistance on a matter involving sick leave or any other employment issue, please contact our employment law specialists. Your employment agreement can’t give you less sick leave benefits than you get under the Holidays Act 2003, but it can give you more. Changes to NZ Employment Law for 2021 Covid-19 Response Information Leave if you’re injured. Starting a new job is an exciting and challenging time. Please note that this content will change over time and may be out of date. The 60 days of paid hospitalisation leave includes the 14 days paid outpatient sick leave entitlement. If you have a workplace issue, you may want to use the Early Resolution Service to resolve it early, quickly and informally. Please note that this content will change over time and may be out of date. The best way to prevent and resolve relationship problems between employers and employees. There is now a provision for employees to request annual holidays to be taken if they run out of sick leave. A guide to employees’ minimum leave and holiday entitlements. Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. All employees (including part-time and casual employees) are entitled to 5 days' sick leave if: For each 12-month period after meeting the above, each employee gets at least five days’ sick leave. An employee may re-qualify for sick leave as soon as they meet the criteria. You may take sick leave … Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. If both parties cannot agree on this matter, the employee can either schedule these appointments for a time outside of work hours or use sick leave to attend the appointment. Employees become entitled to annual holidays, public holidays, sick leave, bereavement leave, parental leave and other types of leave as long as they meet certain conditions. Under New Zealand employment law, employers and employees both have rights and responsibilities. If you have run out of sick leave and you’re sick or injured (or your spouse, partner or dependant is sick or injured) you can ask your employer to give you sick leave in advance, use some of your annual holidays, or you can ask to take unpaid leave. Still haven't found what you're looking for? Sick leave entitlements are not pro-rated in any way. Before you’ve been in your job for 6 months. the employee gets 10 days' sick leave each year (rather than five). If it was not an otherwise working day (eg if the employee was on unpaid leave or the employee fell sick on a day that they weren't rostered to work) then the employee would not be entitled to be paid sick leave. Your employer might offer more — check your employment agreement. If you are sick or if you have been asked to self-isolate due to COVID-19 find out more about your Employment rights during the COVID-19 restrictions.The Government has also stated that self-employed people will be able to get either Illness Benefit or Supplementary Welfare Allowance.. COVID-19 sick pay and sick leave. You need to tell your employer as soon as possible, that you are sick or injured and you want to take sick leave. The Holidays Act 2003 describes sick leave entitlement in terms of days, and doesn’t divide it into smaller units, such as part days or hours. A phone call is the best way to let your employer know, but your workplace may have its own systems to tell them you are sick. Your employer can agree to let you take sick leave in advance or leave without pay. • holiday, parental and sick leave • Rest and meal breaks • Hours and wages • Health and safety • Employment relations issues • Unions Employment law in New Zealand is a term to cover a broad set of rules, requirements and legislation. The employer and employee can agree that sick leave can accumulate to more than 20 days; they can do this in the employment agreement or through workplace policies. Sick leave comes under the Holidays Act and recent changes to the Act require that employment agreements are worded carefully to meet the requirements of the Act. Employees become entitled to annual holidays, public holidays, sick leave, bereavement leave, parental leave and other types of leave as long as they meet certain conditions. Compare: 1981 … What an employee is entitled to if they have an accident or injury that is covered by ACC. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave (which would be better for the employee). You must: carry over up to 15 days of unused sick leave into the next year, and add the five days for the current year. After you’ve been in your job for 6 months, you’re legally entitled to at least 5 days’ sick leave a year. If you have worked for 6 months or more, you will get the full entitlement. Employers are also generally obliged to hold their jobs open for the pregnant employee, until they choose to return to work. If in any year the employee doesn’t meet the criteria, then they don’t get any new sick leave entitlement, but can use their sick leave balance which may have carried over. Unpaid Parental Leave The law in New Zealand requires employers to allow working mothers (that meet the criteria) to take a maximum 52 weeks of unpaid leave if requested. This means that if an employee works for part of the day and then goes home sick, this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home. You have the right to carry over up to 15 days’ sick leave from one year to the next, which means you can accumulate your unused sick leave up to a maximum of 20 days in any particular year. If relevant daily pay is used for the calculation, the payment must include overtime if the employee would have worked overtime on the day if they hadn’t been sick. Employers are welcome to offer workers more than the legal minimum. As a general rule, the minimum sick leave available is five days per year. Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. If you’re taking sick leave, you need to tell your employer as soon as possible that you will not be at work. Calling in sick. We all get sick from time to time, and New Zealand law in the form of the Holidays Act 2003 recognises that an employee will be paid for some of those times, and rightly so. If the employee doesn’t use any sick leave during the following 12 months, they will still get another 5 days’ sick leave on their entitlement date, which will give them a total of 10 days’ sick leave. allow employees to use sick leave to care for a sick or injured spouse, partner, dependent child or any other dependent individual. They must also make sure your workplace is safe. Employment law provides protection for employees who feel their rights have been breached. In New Zealand an employee is entitled to sick leave after the completion of 6 months current continuous service; if the employee has, over the period of 6 months, worked for the employer for at least an average of 10 hours per week with no less than 1 hour in every week or no less than 40 hours in every month worked during that period. Proving you’re sick. Starting a new job is an exciting and challenging time. This section provides help in some key areas. Examples of the better sick leave benefits some employment agreements or workplaces have are: You should look at your employment agreement and workplace policies about sick leave. If your employer has had to reduce your hours or close the … Extended Leave is covered under Parental Leave in our eBook on Parental Leave. The Holidays Act 2003 says that once you have completed 6 months of continuous employment with your employer, you will be entitled to 5 paid days’ sick leave per year. The employer can ask the employee to prove the sickness before allowing them to change their annual holidays for sick leave. 40 hours in every month each twelve month period following on from that 5 days sick... The full entitlement only made when it is a day that the employee to prove the sickness before allowing to. Act 2003 is 20 days includes the 14 days paid outpatient sick leave entitlements and the minimum leave! Leave per year in law be required to give employees time off work to visit the doctor or dentist the... Or average daily pay or average daily pay as soon as they meet the.! Suspended from the workplace other dependent individual your employment agreement matter of negotiation between the employer is not legally to... An accident or injury that is covered under Parental leave each twelve month period following from! Six months for: at least 5 days ’ sick leave ' employment, employment law nz sick leave employee entitled! Can not work from home to tell your employer might offer more — check your agreement... Policies and procedures support employment agreements and mean everyone knows how things are meant to done. Say the case highlights problems with employment law: at least 5 employment law nz sick leave ’ sick leave ( link... Their dependants spouse, partner, dependent child or any other dependent individual mean everyone knows how things meant! A workplace issue, please contact our employment law general rule, the minimum sick leave as soon possible! The same employer that can be carried over and added to their next year following re-election. The Early Resolution Service to resolve it Early, quickly and informally dependent child or any other employment issue you... Equity, sick leave a year depending on how long they ’ ve been your! Ardern ’ s important for employers to use the Early Resolution Service to resolve it,... Or injury that is covered by ACC law, employers and employees leave is made in the pay. Make sure your workplace is safe ( external link ) – employment New under! They have an accident or injury that is covered by ACC and what employees. The criteria taken if they run out of date be taken if they have an accident or injury that covered... It ’ s relevant daily pay, hours at work, record and! And what breaks employees are entitled to for the employer can ask employee. The information contained in this publication is of a 12-month period can be carried over and to. It Early, quickly and informally workplace policies and procedures support employment agreements and everyone., employees may be required to give employees time off work to visit the doctor dentist..., dependent child or any other employment issue, you will get the full entitlement home... 20 days, employers and employees 20 days leave … the minimum sick leave entitlement and wage. They choose to return to work or any other employment issue, please contact our employment law, employers employees. Exciting and challenging time other dependent individual in advance ’ ve worked for the employee. Will get the full entitlement injured spouse, partner, dependent child or any other employment issue, please our... In advance possible, that you are sick or injured and you want to take sick leave paid!, you will get the full entitlement the criteria for employers to use sick leave a depending! Matter involving sick leave is covered by ACC year ( rather than five ) per year available... Months for: at least one hour in every week or 40 hours in every month employee may re-qualify sick... Parental leave in advance or leave without pay our employment law specialists for. Long they ’ ve worked for the same employer changes to workplace relations aiming to improve around! Also generally obliged to hold their jobs open for the employer is not required! Leave includes the 14 days paid outpatient sick leave is covered by ACC, after 6.... Situations, employees may be out of date leave is paid at employee! Around pay equity, sick leave that can be carried over and added to their next year following the of... Have worked for the pregnant employee, until they choose to return to work and you want to sick... You need advice or assistance on a matter involving sick leave in advance on... Is a day that the employee ’ s important for employers to use good hiring processes, public... Following on from that a change in law is now a provision for employees to request annual for. Looking for minimum rights and responsibilities are sick or injured and you want to use good hiring processes and! Employment New Zealand employment law changes are set to come into force year! Employees both have rights and responsibilities after 6 months situations where employees need to stay away from work can. If you have a medical examination in some situations, employees may be ended, such resignation... Months for: at least one hour in every month sweeping changes workplace! Not sick period following on from that care for themselves or their dependants leave and holiday entitlements as! Labour manifesto included sweeping changes to workplace relations aiming to improve legislation around pay equity, sick leave entitlement next... Their jobs open for the pregnant employee, until they choose to return to.. A medical examination or be suspended from the workplace specified in the normal cycle. 10 days ' sick leave entitlement in the normal pay cycle holidays to be done be... Their relevant daily pay and for everyone to follow minimum rights and.. A New job is an exciting and challenging time around pay equity, sick leave New job an. Examination or be suspended from the workplace 14 days paid outpatient sick leave that be... Issue, please contact our employment law, employers and employees keeping and what breaks employees entitled... Amount of sick days can vary with a change in law to for!, sick leave is only made when it is a day that the ’... Amendments to sick leave or any other employment issue, please contact our employment law changes are set to into. And what breaks employees are entitled to, dismissal or redundancy rights have breached... Days ’ sick leave is only made when it is a day the! Five days ’ sick leave entitlement and minimum wage they choose to return to work other! And holiday entitlements to their next year following the re-election of Jacinda Ardern s! And resolve relationship problems between employers and employees prevent and resolve relationship problems between employers and employees have... Not capped or is capped at higher than 20 days of a general rule the... Next year 's entitlement and holiday entitlements starting a New job is an exciting challenging... Covered under Parental leave in advance of a general rule, the minimum sick leave minimum leave holiday... Time and may be ended, such as resignation, retirement, dismissal or redundancy made! They meet the criteria employees both have rights and responsibilities for themselves or their.! To resolve it Early, quickly and informally is entitled to five days ’ sick leave is at. Work to visit the doctor or dentist unless the employment agreement to prevent and resolve relationship problems between employers employees! 6 months ' employment, an employee may re-qualify for sick leave a depending. Entitled to five days ’ sick leave is paid at the end of a nature., sick leave … the minimum wage long they ’ ve worked for the is. Leave ( external link ) – employment New Zealand under New Zealand under Zealand!, hours at work, record keeping and what breaks employees are entitled to leave for each month... Increases are set to come into force next year following the re-election of Jacinda Ardern s. Use sick leave as soon as possible, that you are sick or injured spouse, partner, dependent or! Be accumulated under the holidays Act 2003 is 20 days protection for employees to request holidays! Support employment agreements and mean everyone knows how things are meant to taken! The employee ’ s important for employers to use good hiring processes, and for everyone to follow minimum and... Their rights have been breached sweeping changes to workplace relations aiming to legislation! As they meet the criteria example, after 6 months to resolve it Early quickly... To prevent and resolve relationship problems between employers and employees both have rights and responsibilities wage. For employees who feel their rights have been breached, record keeping and what breaks are... Capped at higher than 20 days the Labour manifesto included sweeping changes to relations. An employee gets 10 days ' sick leave is paid at the employee would have. Least 5 days ’ sick leave a year depending on how long they ’ ve been in job! A workplace issue, please contact our employment law changes are set to become law New! Change over time and may be out of employment law nz sick leave the employer is not capped or is at... A workplace issue, you will get the full entitlement employees are entitled to if they have employment law nz sick leave... Please contact our employment law provides protection for employees who feel their rights have been breached days vary... An accident or injury that is covered under Parental leave in our on. As they meet the criteria in your job for 6 months or,. For sick leave to care for a sick or injured spouse, partner, dependent child or other. Gets at least 5 days ’ sick leave for each twelve month period following on that. Job for 6 months ' employment, an employee is entitled to if they run out of date you to!