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Sick Leave
- Sick Leave is covered by Section 62 to Section 72 of the Holidays Act 2003
- There is no sick leave entitlement within the first 6 months of employment. Section 63(1)(a)
- After 6 months service an employee is entitled to 5 days sick leave, then another 5 days every 12 months thereafter. Section 65(2)
- Sick leave can be paid in advance and deducted from future entitlements at the employer's discretion. Section 63(3)
- An employee is required to notify their employer as soon as possible if sick. Section 64
- Sick leave can be used for the sickness or injury of an employee, their spouse, or a dependant. Section 65(1)
- Unused sick leave accumulates to a maximum of 20 days. Section 66
- Unused sick leave does not have to be paid out on termination. Section 67
- A medical certificate is required if the sick leave is for 3 or more calendar days. Section 68(1)
- The employer can require a medical certificate for shorter periods if they have reasonable grounds to suspect the sick leave is not genuine, and the employer pays. Section 68(1A)
- For each day of sick leave taken, an employer is required to pay the employee's relevant daily pay - that is, what the employee would probably have earned had they been at work. Section 71
 | Can an employee use sick leave for first weeks ACC if their injury is not work related? |
Yes, most definately. Injury is specifically included as a purpose of sick leave by Section 62
| Section 62 Purpose of this subpart The purpose of this subpart is to provide all employees with a minimum entitlement to paid leave in the event of their sickness or injury, or of the sickness, injury, or death of certain other persons. |
Of more interest however is Section 71(4). What this subsection says is that if an employee is off on ACC, and thus receiving 80% of their usual wages from either the employer or the ACC, the employer can top up the remaining 20% by using 1 days sick leave for every week topped up.
| Section 71
Payment for sick leave and bereavement leave (1) An employer must pay an employee an amount that is equivalent to the employee's relevant daily pay for each day of sick leave or bereavement leave taken by the employee that would otherwise be a working day for the employee. (2) Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 or former Act. (3) An employer must not require an employee to take as sick leave any time for which the employee is being paid
(4) However, if an employer pays the difference between the employee's first week compensation or weekly compensation and ordinary weekly pay, the employer may agree with the employee that he or she may deduct from the employee's current sick leave entitlement 1 day for every 5 whole days that the employer makes that payment. |
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| In my employment contracts, I currently specify that a medical certificate is needed for sick leave to be taken. I understand that Section 68, Subsection 1 specifies that a medical certificate is required after 3 consecutive days of illness, but, Subsection 2 of Section 68 seems to suggest that if I specify something else in an employment contract, it overrides Section 1. Is this correct? |
That is not our understanding of Section 68 (proof of sickness or injury).
Our understanding of subsection 2 is that if you allow more than 5 days a year sick leave, your employment agreement can require a medical certificate for all absences that are in addition to the 5 days a year legal minimum.
Let's have a look at the legislation. We have highlighted the two relevant sections, and added the underlines and bold - they are not in the legislation itself.
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Section 68 Proof of sickness or injury
(3) For the purposes of this section, proof of sickness or injury may include a certificate from a medical practitioner (within the meaning of the Medical Practitioners Act 1995) that
(4) To avoid doubt, this section does not prevent an employer who is otherwise legally authorised to so require, from requiring an employee to establish that there are no relevant health and safety reasons or hygiene reasons that would prevent the employee from working. |
More on public holidays
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Public Holiday Entitlements Ace Payroll receives many calls immediately after every public holiday, asking whether a particular employee is entitled to be paid for the public holiday more.. |
Public Holiday Taken Use this method for an employee who did not work on the public holiday, but would have worked had the day not been a public holiday more.. |
Public Holiday Worked Use this method for an employee who works at any time on a public holiday more.. |
| Public Holiday Calendar A facility in Ace Payroll to check when public holidays fall in this and future years more.. | Christmas and New Year 2016/2017 Working out public holiday entitlements during the 2016/2017 Christmas and New Year holiday period more.. |
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Waitangi Day Waitangi Day commemorates the signing of a treaty at Waitangi on 6 February 1840 more.. |
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Queen's Birthday The Queen's Birthday is always observed in New Zealand on the first Monday in June more.. |
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Default Provincial Anniversary Day Select the provincial anniversary day observed by the majority of your employees to make it the default more.. | Payment For Sick Leave If Taken On A Public Holiday You are not required to pay your staff time and a half if they call in sick on a public holiday they would have otherwise worked more.. |
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Ace Payroll FAQ Contents All the most common Ace Payroll questions grouped by categories in a short table of key words more.. | Ace Payroll Frequently Asked Questions All the most common questions we are asked at Ace Payroll listed in a question format and grouped by category more.. |
More on holiday pays
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Cashing Up Holiday Pay From 1st April 2011 it is legal for an employee to cash up to one weeks annual leave each year more.. |
Understanding Termination Accruals Handling of accrued holiday pay upon termination can be confusing. Ace Payroll explains the concept of accruals and demonstrates how termination pay is calculated more.. | Holiday 52 Week History It is not absolutely necessary to enter a full 52 week earnings history for correct holiday pay calculation more.. |
| Holiday Pay - Daily Rates An explanation of the calculation of a daily rate for an employee taking holidays after a full years service more.. |
Employee Leave Profile The employee leave profile records which are the normal days worked by an employee more.. |
| Casual Holiday Each Pay This tutorial shows how to have Ace Payroll automatically pay a casual employee 8% holiday pay every time they are paid more.. |
Taxation of Holiday Pay This article shows how easy it is to tax holiday pay according to IRD requirements more.. |
Annual Compulsory Closedowns An annual compulsory closedown is where a business traditionally closes down for a number of weeks each year, usually over Christmas more.. |
| Changing Holiday From 8% Each Pay The procedure for changing a casual employee over to being a permanent employee in Ace Payroll for holiday pay purposes more.. |
Termination Holiday 8% Part Year Payment How to pay the 8% of part year gross for an employee who has been employed for more than a year, receives four weeks holidays a year, and is terminating their employment more.. |
| Holiday Pay Miscellaneous The reason why only full days holiday pay owing is shown on payslips rather than fractional days more.. |
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Ace Payroll FAQ Contents All the most common Ace Payroll questions grouped by categories in a short table of key words more.. |
Ace Payroll Frequently Asked Questions All the most common questions we are asked at Ace Payroll listed in a question format and grouped by category more.. |
Other leave sections
| Public Holiday Entitlements Ace Payroll receives many calls immediately after every public holiday, asking whether a particular employee is entitled to be paid for the public holiday more.. |
Public Holiday Taken Use this method for an employee who did not work on the public holiday, but would have worked had the day not been a public holiday more.. |
Public Holiday Worked Use this method for an employee who works at any time on a public holiday more.. |
| Alternative Holidays An Alternative Holiday is a day an employee is entitled to take off as paid leave, in return for having worked on a public holiday more.. |
Annual Holiday Entitlements This article looks at entitlements to holidays as provided for by the Holidays Act more.. |
Annual Holiday Payments This tutorial shows how to record holiday pay taken using the Annual Leave method more.. |
| Irregular Work Pattern In this article we look at the calculation of Relevant Daily Pay for an employee that works irregular hours more.. |
Leave Owing Report The Leave Owing report provides an estimate of holiday pay owing to all staff at a selected date more.. |
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Ace Payroll FAQ Contents All the most common Ace Payroll questions grouped by categories in a short table of key words more.. | Ace Payroll Frequently Asked Questions All the most common questions we are asked at Ace Payroll listed in a question format and grouped by category more.. |