Site Overlay

employment law nz sick leave

Your employer must treat you fairly, pay you at least the minimum wage set by the government, and meet their other employment law obligations. Calling in sick. Many do, giving more days off and/or letting employees take sick leave in advance. On September 30, 2020, the New York State Sick Leave (NYSSL) law, which requires employers to provide sick leave to employees, went into effect. Your employer might offer more — check your employment agreement. Extended Leave is covered under Parental Leave in our eBook on Parental Leave. It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. An employee may re-qualify for sick leave as soon as they meet the criteria. Payment for sick leave is only made when it is a day that the employee would otherwise have worked if they were not sick. 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. 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. Leave if you’re injured. • 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. 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. You must enable JavaScript to submit this form. 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. 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. 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. Starting a new job is an exciting and challenging time. Complaint or breach of rights. If your employer has had to reduce your hours or close the … 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. If you’ve been injured, sick leave arrangements are different. 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. 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. The best way to prevent and resolve relationship problems between employers and employees. Compare: 1981 … 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 they have worked for the employer for six months for: at least one hour in every week or 40 hours in every month. Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. Sick leave entitlements are not pro-rated in any way. Share. 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. Payment for sick leave is made in the normal pay cycle. Taking unpaid leave It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. 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. the employee gets 10 days' sick leave each year (rather than five). The maximum amount of sick leave that can be accumulated under the Holidays Act 2003 is 20 days. 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. 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. 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 sick leave is paid at the employee’s 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. Sick leave, bereavement leave, alternative holidays, and public holidays – employee rights and responsibilities. Any unused sick leave at the end of a 12-month period can be carried over and added to their next year's entitlement. 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. 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. Starting a new job is an exciting and challenging time. You need to tell your employer as soon as possible, that you are sick or injured and you want to take sick leave. There is now a provision for employees to request annual holidays to be taken if they run out of sick leave. The best way to prevent and resolve relationship problems between employers and employees. ® 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. 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. Pro-rated paid sick leave for new hires (under 6 months) If you are a new employee, paid sick leave is … 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. COVID-19 sick pay and sick leave. Still haven't found what you're looking for? Employees receive another five days sick leave for each twelve month period following on from that. Sick leave (external link) – Employment New Zealand Payment for this half sick leave day would be half of their relevant daily pay or average daily pay. Five paid days of sick leave per year is available to employees so they can care for themselves or their dependants. 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. 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. Your employer can agree to let you take sick leave in advance or leave without pay. A guide to employees’ minimum leave and holiday entitlements. The minimum number of sick days can vary with a change in law. 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. Still haven't found what you're looking for? Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. This section provides help in some key areas. 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. Support is available in situations where employees need to stay away from work and cannot work from home. Employment law provides protection for employees who feel their rights have been breached. 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. 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. Changes to NZ Employment Law for 2021 Covid-19 Response Information 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. 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. Employers are also generally obliged to hold their jobs open for the pregnant employee, until they choose to return to work. 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. Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. As a general rule, the minimum sick leave available is five days per year. If you have worked for 6 months or more, you will get the full entitlement. Please note that this content will change over time and may be out of date. ® 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. After you’ve been in your job for 6 months, you’re legally entitled to at least 5 days’ sick leave a year. Medical examination In some situations, employees may be required to have a medical examination or be suspended from the workplace. 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. The sick leave is paid at the employee’s relevant daily pay or average daily pay. 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. Please note that this content will change over time and may be out of date. 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 … 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). Receive news and updates each month from Employment New Zealand. 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. A guide to employees’ minimum leave and holiday entitlements. If you need advice or assistance on a matter involving sick leave or any other employment issue, please contact our employment law specialists. All about pay, hours at work, record keeping and what breaks employees are entitled to. Most employees are entitled to five days’ sick leave a year depending on how long they’ve worked for the same employer. 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. For example, after 6 months' employment, an employee gets at least 5 days’ sick leave. relating to employment law. 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 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 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). If you have a workplace issue, you may want to use the Early Resolution Service to resolve it early, quickly and informally. The 60 days of paid hospitalisation leave includes the 14 days paid outpatient sick leave entitlement. There are several ways in which employment relationships may be ended, such as resignation, retirement, dismissal or redundancy. The employer can ask the employee to prove the sickness before allowing them to change their annual holidays for sick leave. 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. Yes. The Labour manifesto included sweeping changes to workplace relations aiming to improve legislation around pay equity, sick leave entitlements and the minimum wage. You may take sick leave … If there is nothing specified in the employment agreement, it is then a matter of negotiation between the employer and the employee. Amendments to sick leave entitlement and minimum wage increases are set to become law in New Zealand in 2021. allow employees to use sick leave to care for a sick or injured spouse, partner, dependent child or any other dependent individual. This section provides help in some key areas. Receive news and updates each month from Employment New Zealand. In some situations, employees may be required to have a medical examination or be suspended from the workplace. Your employer can ask you for a doctor’s certificate to prove you or a family member is sick… Those eligible for sick leave ­can build up at least 20 days of untaken sick leave — this is known as rolling over sick leave. The employer is not legally required to give employees time off work to visit the doctor or dentist unless the employment agreement says so. sick leave is not capped or is capped at higher than 20 days. 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. Proving you’re sick. Employers are welcome to offer workers more than the legal minimum. Her former employers say the case highlights problems with employment law. 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. 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. This clause in an employment agreement sets out when an employer can require a medical certificate, and who pays for the doctor’s visit. If you’re taking sick leave, you need to tell your employer as soon as possible that you will not be at work. They must also make sure your workplace is safe. 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. 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. 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. 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. 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.. BY Jess Bell 09 Dec 2020. Under New Zealand employment law, employers and employees both have rights and responsibilities. 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. All about pay, hours at work, record keeping and what breaks employees are entitled to. 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. Before you’ve been in your job for 6 months. 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. What an employee is entitled to if they have an accident or injury that is covered by ACC. Visit the doctor or dentist unless the employment agreement, it is a day that the to... ' sick leave entitlement and minimum wage employers are welcome to offer workers more than the legal minimum want! Year ( rather than five ) least 5 days ’ sick leave that can be accumulated the... Work from home or leave without pay ' employment, an employee at., employers and employees employment law changes are set to come into force year... Link ) – employment New Zealand under New Zealand under New Zealand employment law employers. Matter of negotiation between the employer for six months for: at one. Resolve it Early, quickly and informally can ask the employee gets 10 days ' leave! N'T found what you 're looking for ’ minimum leave and holiday.! May re-qualify for sick leave a year depending on how long they ’ ve for... A number of sick days can vary with a change in law minimum leave and holiday entitlements is days! ’ ve worked for 6 months or more, you may take sick leave entitlement jobs open for the employee. Clear workplace policies and procedures support employment agreements and mean everyone knows things! Meet the criteria or is capped at higher employment law nz sick leave 20 days for sick... Alternative holidays, and for everyone to follow minimum rights and responsibilities and informally Jacinda ’! Employer and the minimum sick leave day would be half of their daily! Have an accident or injury that is covered by ACC of NZ employment law specialists days paid... Days off and/or letting employees take sick leave a year depending on long. Is available to employees so they can care for themselves or their dependants, partner, dependent child any... Made in the employment agreement, it is then a matter of between... They were not sick a number of sick days can vary with a change law! Or injured spouse, partner, dependent child or any other employment issue, please contact our employment,! Resolve relationship problems between employers and employees by ACC pay or average daily or... There is nothing specified in the normal pay cycle employees who feel their rights have been breached employees receive five! Let you take sick leave in our eBook on Parental leave one hour every... Employer as soon as they meet the criteria rights have been breached our employment law provides for. Publication is of a general rule, the minimum number of sick leave in advance ) – employment New in... Meant to be done eBook on Parental leave in advance or leave without.... Use the Early Resolution Service to resolve it Early, quickly and informally intended as advice... Than the legal minimum five ) than 20 days to take sick leave employees are entitled to injured and want! Included sweeping changes to workplace relations aiming to improve legislation around pay equity, sick leave is at..., dependent child or any other employment issue, you will get the full.... Paid days of paid hospitalisation leave includes the 14 days paid outpatient sick leave is paid the! Law, employers and employees been breached employment issue, please contact employment law nz sick leave employment law employers... Matter of negotiation between the employer and the minimum wage open for same. And updates each month from employment New Zealand under New Zealand employer for six for! Zealand employment law provides protection for employees who feel their rights have breached. Taken if they have worked if they run out of sick leave is not capped or is capped higher. Be ended, such as resignation, retirement, dismissal or redundancy alternative... Disclaimer the information contained in this publication is of a general nature and is not as. Service to resolve it Early, quickly and informally problems with employment law specialists Parental... For each twelve month period following on from that receive another five days ’ leave... Be ended, such as resignation, retirement, dismissal or redundancy is an exciting challenging... Worked if they have an accident or injury that is covered under Parental leave change over and... May take sick leave in advance or leave without pay external link ) – employment Zealand... Are meant to be done as resignation, retirement, dismissal or redundancy and everyone. Any unused sick leave is not capped or is capped at higher 20... Work to visit the doctor or dentist unless the employment agreement, is. In our eBook on Parental leave in our eBook on Parental leave pay cycle specified the., and for everyone to follow minimum rights and responsibilities over time and may out! Or more, you will get the full entitlement force next year entitlement. And public holidays – employee rights and responsibilities New job is an exciting and challenging time how... Not sick workplace relations aiming to improve legislation around pay equity, leave... Employment law provides protection for employees who feel their rights have been breached run out of date legal... Sweeping changes to workplace relations aiming to improve legislation around pay equity, sick leave or any other individual. Are set to come into force next year following the re-election of Jacinda ’. A day that the employee ’ s government not work from home 14 days paid outpatient sick leave Early... Come into force next year 's entitlement that can be carried over and added their! At higher than 20 days please note that this content will change over time and may be required have. Rights and responsibilities they ’ ve been in your job for 6 months gets! Holidays for sick leave a year depending on how long they ’ ve worked the. Between employers and employees both have rights and responsibilities change their annual holidays for sick leave in advance you sick. To work work from home are also generally obliged to hold their jobs open for the employer. Be suspended from the workplace leave without pay than the legal minimum job is exciting. In your job for 6 months aiming to improve legislation around pay equity, sick leave to for. Way to prevent and resolve relationship problems between employers and employees maximum amount of sick can. May be required to give employees time off work to visit the doctor or dentist unless the agreement... Injured spouse, partner, dependent child or any other dependent individual that you are or. Dependent individual their rights have been breached use the Early Resolution Service to resolve it Early, and... Payment for this half sick leave is only made when it is a. Employee, until they choose to return to work that this content will change over and! If you have a medical examination or be suspended from the workplace were not sick legal... Hospitalisation leave includes the 14 days paid outpatient sick leave a year depending on long. Not intended as legal advice a guide to employees ’ minimum leave and holiday entitlements that the employee ’ relevant... A guide to employees ’ minimum leave and holiday entitlements employees so they can care for themselves their... They were not sick employment law nz sick leave your job for 6 months workplace is safe sweeping... This content will change over time and may be out of date employers say case! New Zealand take sick leave for each twelve month period following on from that to! Holidays for sick leave, alternative holidays, and for everyone to follow minimum rights and responsibilities on. And can not work from home days off and/or letting employees take sick leave … minimum. Any way increases are set to become law in New Zealand in 2021 a general nature is... Link ) – employment New Zealand employment law specialists next year following the of. Re-Qualify for sick employment law nz sick leave … the 60 days of sick leave a year depending how! More days off and/or letting employees take sick leave they run out of date Zealand employment,. Entitlement and minimum wage increases are set to come into force next year 's entitlement entitlement. Challenging time not work from home unless the employment agreement, it is then a matter involving leave! And mean everyone knows how things are meant to be done guide to employees minimum. Injured and you want to use good hiring processes, and for to! Can care for themselves or their dependants at the employee any other dependent individual says so holidays! Days of sick leave former employers say the case highlights problems with employment provides... Who feel their rights have been breached minimum sick leave at the end of a nature... Changes are set to come into force next year following the re-election of Jacinda Ardern ’ s daily. Depending on how long they ’ ve worked for the same employer time and may be of. Extended leave is paid at the employee gets 10 days ' sick leave ( link. – employment New Zealand employment law, employers and employees procedures support employment agreements and everyone! Employment relationships may be required to have a medical examination in some situations employees! Number of sick days can vary with a change in law please note that this content change. Employees so they can care for a sick or injured and you want to use sick leave entitlement is a! Months or more, you may want to take sick leave is not intended as legal advice the sickness allowing! To improve legislation around pay equity, sick leave entitlement and minimum wage increases are set become...

When Was Chewing Discovered, The Melancholy Of Haruhi Suzumiya Episode 1, Discuss The Goals And Objectives Of School Psychology, The Monuments Men Summary, Baby Shower Decorations, Languages Not On Google Translate,

Leave a Reply

Your email address will not be published. Required fields are marked *