Who Pays for a Medical Certificate in New Zealand Employment Law?
When an employee in New Zealand takes sick leave, their employer may sometimes request a medical certificate, which is formal proof of sickness or injury from a healthcare professional. Understanding who is responsible for the cost of obtaining such a certificate is crucial for both employers and employees.
Employer's Right to Request Proof of Sickness or Injury
An employer has the right to request proof of sickness or injury from an employee for periods of sick leave. Generally, this right applies if the sickness or injury lasts for three or more consecutive calendar days [Source: Holidays Act 2003, s 68(1)].
However, an employer may also require proof for a period of less than three consecutive calendar days if they have reasonable grounds to do so and inform the employee of this requirement as soon as possible. In such cases, the employer must cover the expense of obtaining that proof [Source: Holidays Act 2003, s 68(2)].
Employer's Obligation to Pay for Medical Certificates
If an employee provides proof of sickness or injury in accordance with the employer's right to request it (as outlined above), the employer is generally obligated to pay the employee's reasonable expenses in obtaining that proof under specific circumstances. The law refers to these as 'reasonable expenses' [Source: Holidays Act 2003, s 70(1)].
An employer must pay for the reasonable expenses of a medical certificate if:
- The employer required the proof [Source: Holidays Act 2003, s 70(1)(a)]. This applies whether the request was for an absence of three or more days, or for a shorter period with reasonable grounds (in which case the employer must pay anyway as per s 68(2)).
- The employee voluntarily provided the proof before the employer could formally require it [Source: Holidays Act 2003, s 70(1)(b)]. This typically refers to situations where an employee provides a certificate for an absence of less than three days, but the absence later extends to three or more days, making the proof something the employer could have required.
- The employee provided the proof voluntarily, and the employer agreed to reimburse the employee for the cost [Source: Holidays Act 2003, s 70(1)(c)]. This covers situations where there was no formal requirement or pre-emptive provision, but an agreement for payment was reached.
Reimbursement Process
When an employer is liable for the cost of a medical certificate, they must reimburse the employee for these reasonable expenses as soon as practicable. This occurs after the employee provides both the proof of sickness or injury and the corresponding invoice or receipt for the expense [Source: Holidays Act 2003, s 70(2)].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations regarding employment matters, including medical certificates and sick leave, should consider consulting a qualified legal professional. Further guidance can be obtained from official bodies like Employment New Zealand or by contacting Community Law Centres for free legal assistance [https://communitylaw.org.nz/].