Taking Sick Leave to Care for Dependents in New Zealand
In New Zealand, employees have specific rights and obligations regarding sick leave, which can extend to caring for a sick or injured dependent. This information is primarily governed by the Holidays Act 2003, with the Employment Relations Act 2000 providing the overarching framework for employment relationships.
Eligibility for Sick Leave
Employees become eligible for sick leave entitlements after they have completed 6 months of current continuous employment with the same employer. Alternatively, if employment is not continuous, they become eligible after 6 months if they have worked for the employer for an average of at least 10 hours a week and at least 1 hour in every week, or 40 hours in every month, during that period [Source: Holidays Act 2003, s 65].
Using Sick Leave for Dependents' Care
Sick leave can be taken by an employee for their own sickness or injury, or for the sickness or injury of their spouse or partner, or a person who is dependent on the employee [Source: Holidays Act 2003, s 65(1)]. This provision allows employees to provide essential care without losing income.
Who is a Dependent?
The Holidays Act 2003 broadly defines a "dependent" as including a child of the employee and any other person who depends on the employee for care [Source: Holidays Act 2003, s 65(2)]. This allows for flexibility and can encompass various family situations where a person relies on the employee for support during illness.
Entitlement and Accumulation
Eligible employees are entitled to 10 days of paid sick leave in each 12-month period of employment [Source: Holidays Act 2003, s 69(1)]. Unused sick leave can be carried over and accumulated. An employee can accumulate a maximum of 20 days of unused sick leave [Source: Holidays Act 2003, s 69(2)]. This means that if an employee has 10 days of sick leave available at the start of a new 12-month period, and uses none of it, they would have 20 days available (10 new days plus 10 carried over).
Notice Requirements
An employee who intends to take sick leave must notify their employer of their intention to do so as soon as practicable [Source: Holidays Act 2003, s 66]. This notification helps the employer manage workforce requirements and ensure business continuity.
Proof of Sickness
An employer may ask for proof of sickness or injury, such as a medical certificate, if the employee takes sick leave for 3 or more consecutive calendar days [Source: Holidays Act 2003, s 68(1)]. If an employer requires proof for sick leave lasting less than 3 consecutive calendar days, they must pay the employee's reasonable expenses in obtaining that proof [Source: Holidays Act 2003, s 68(3)]. The term "medical certificate" refers to a document from a qualified health practitioner confirming the illness or injury.
Employer's Role and Obligations
Employers have an obligation to comply with the entitlements set out in the Holidays Act 2003. The Employment Relations Act 2000 promotes good faith in all aspects of employment relationships [Source: Employment Relations Act 2000, s 4], which includes the fair and reasonable management of sick leave requests, including those for dependent care. An employer must not unlawfully deduct from an employee's wages or treat an employee adversely for taking legitimate sick leave [Source: Employment Relations Act 2000, s 103].
When to Seek Independent Legal Advice
If there are disagreements about sick leave entitlements, eligibility, or an employer's request for proof, or if an employee believes their rights regarding sick leave have been breached, independent legal advice from an employment lawyer or a community law centre is recommended. Employees can contact Employment New Zealand for information or Community Law Centres for free advice.