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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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employment

Can an employer ask for a medical certificate for one day off?

Key Takeaway

In New Zealand, an employer can ask for a medical certificate for an employee's one-day absence due to sickness or injury. However, if the absence is for less than three consecutive calendar days, the employer generally must inform the employee promptly and pay for the reasonable costs of obtaining the certificate. For absences of three or more consecutive calendar days, the employer is not required to cover the cost.

Employer Requests for Medical Certificates for Sick Leave in New Zealand

In New Zealand, an employee who is sick or injured may be required by their employer to provide proof of their condition. The specific rules regarding when an employer can request a medical certificate, and who pays for it, depend on the duration of the employee's absence from work.

Entitlement to Sick Leave

Employees become entitled to sick leave after they have completed six months of continuous employment with the same employer, and have worked an average of at least 10 hours a week and at least one hour in every week or 40 hours in every month during that period [Source: Holidays Act 2003, s 65].

Employer's Right to Request Proof of Sickness or Injury

An employer has the right to require an employee to provide proof of sickness or injury. The conditions for this request vary based on the length of the absence:

  • For absences of 3 or more consecutive calendar days: An employer may require an employee to provide proof of sickness or injury [Source: Holidays Act 2003, s 68(1)(a)]. A 'calendar day' includes all days of the week, not just working days. For example, if an employee is sick on a Friday, Saturday, and Sunday, this would be three consecutive calendar days.
  • For absences of less than 3 consecutive calendar days: An employer may still require proof, but only if two specific conditions are met:
    1. The employer informs the employee of this requirement as soon as possible [Source: Holidays Act 2003, s 68(1)(b)(i)].
    2. The employer agrees to pay the employee's reasonable expenses in obtaining the proof [Source: Holidays Act 2003, s 68(1)(b)(ii)].

Therefore, for a single day off due to sickness or injury, an employer can ask for a medical certificate, but they are generally obligated to pay the reasonable costs associated with obtaining it, provided they informed the employee of the requirement promptly.

Cost of Obtaining a Medical Certificate

Who bears the cost of the medical certificate depends on the length of the absence:

  • Absences of 3 or more consecutive calendar days: The employer is not required to pay for the proof obtained [Source: Holidays Act 2003, s 68(3)]. The employee is responsible for the cost.
  • Absences of less than 3 consecutive calendar days: The employer must pay the employee's reasonable expenses in obtaining the proof if they have requested it [Source: Holidays Act 2003, s 68(2)].

Consequences of Not Providing Proof

If an employee fails to provide proof when required by the employer in accordance with the Holidays Act 2003, the employer is not required to pay for the sick leave [Source: Holidays Act 2003, s 68(4)]. This means the leave would be unpaid.

Good Faith Obligations

Both employers and employees are required to deal with each other in good faith in all aspects of the employment relationship [Source: Employment Relations Act 2000, s 4]. This includes actively engaging in and providing information relevant to the employment relationship [Source: Employment Relations Act 2000, s 4(1A)(c)]. Open communication about absences due to sickness or injury, and the requirements for proof, is important for maintaining good faith.

What is a Medical Certificate?

A 'medical certificate' is a document from a registered health practitioner (such as a doctor) confirming an employee's illness or injury and their inability to work during a specified period. The certificate generally only needs to confirm the employee's incapacity for work, not necessarily the specific medical condition.

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding sick leave, medical certificates, or employment disputes should seek independent legal advice. Information can be obtained from official government bodies such as Employment New Zealand, or free advice may be available from Community Law Centres.

Key Resources

  • Employment New Zealand: https://www.employment.govt.nz/
  • Legislation New Zealand: https://www.legislation.govt.nz/
  • Community Law Centres Aotearoa: https://communitylaw.org.nz/