In New Zealand, your employer can only require a medical certificate for sick leave of 3 or more consecutive days. For shorter absences, they cannot demand a certificate unless your employment agreement specifically allows it — and even then, they must pay for the cost of obtaining it.
Key Takeaways
- Under the Holidays Act 2003, an employer can only require a medical certificate if you have been absent for at least 3 consecutive days.
- For absences of fewer than 3 days, the employer cannot demand a certificate unless your agreement provides for it.
- If your employer does require a certificate, they must pay the reasonable cost — you are not out of pocket.
- From July 2024, the minimum sick leave entitlement increased to 10 days per year (up from 5).
- Employers can still request a certificate for shorter absences if they have reasonable cause to suspect the leave is not genuine.
The 3-Day Rule for Medical Certificates
The Holidays Act 2003, section 69, sets out the rules for medical certificates. An employer may require a certificate if:
- The sick leave is for 3 or more consecutive days — the employer can require evidence from day 3
- The employee has taken sick leave on at least 3 occasions in the preceding 3 months — the employer can request certificates for subsequent absences
- The employment agreement specifically provides for certificate requirements for shorter absences
For a single-day absence, your employer generally cannot require a certificate. If they ask for one, you can decline — and they cannot withhold sick leave pay for your refusal.
Can the Employer Require a Certificate for One Day?
Generally, no — unless your employment agreement says otherwise. The Holidays Act sets the statutory minimum: 3 consecutive days. If your agreement requires a certificate for 1 or 2 days, that provision is valid — but the employer must pay for it.
If your agreement does not mention certificates for short absences, and your employer asks for one, you can:
- Politely decline and refer to the Holidays Act
- Offer a statutory declaration or self-certification as an alternative
- Agree to provide one, with the employer covering the cost
Who Pays for the Certificate?
If your employer requires a medical certificate, they must pay the reasonable cost of obtaining it. This includes:
- The cost of the doctor’s appointment (including the gap fee if you are not fully covered)
- The cost of the certificate itself (some clinics charge separately)
- Reasonable travel costs to the appointment
If you volunteer a certificate without being asked (for example, to document a pattern of absence), you bear the cost yourself.
What About the New 10-Day Sick Leave Entitlement?
From July 2024, the minimum sick leave entitlement increased from 5 to 10 days per year for all employees who have completed 6 months of continuous service. This means:
- You now have 10 days of paid sick leave per year
- Unused days carry over to the next year
- You can use sick leave for yourself or to care for a dependent (partner, child, parent)
The medical certificate rules remain the same regardless of the new entitlement — the 3-consecutive-day threshold has not changed.
What Counts as Acceptable Evidence?
If you do need to provide evidence, acceptable forms include:
- Medical certificate from your GP or nurse practitioner
- Physiotherapist or dentist certificate — if the absence is for a related condition
- Hospital discharge summary
- Statutory declaration — a written declaration of your illness, signed before an authorised witness
- Pharmacist confirmation — some employers accept pharmacy receipts
If you have a genuine reason for not being able to obtain a medical certificate — for example, the clinic is closed or you cannot get an appointment — a statutory declaration is a reasonable alternative that your employer should accept.
FAQ
Can my employer require a certificate for every sick day if I have a pattern of absences?
Yes — if you have taken sick leave on 3 or more occasions in the preceding 3 months, your employer can require a medical certificate for subsequent absences, even if each absence is only 1 or 2 days. This is explicitly provided for in the Holidays Act.
Can my employer refuse to pay sick leave without a certificate?
If the certificate requirement is lawful under the Act or your agreement, and you do not provide one, the employer can refuse to pay sick leave for that day. However, if the requirement is not lawful (e.g., your first single-day absence), they cannot refuse payment.
Do the rules apply to casual employees?
Casual employees who have been employed for at least 6 months are entitled to 10 days of sick leave per year. The same medical certificate rules apply — the employer can only require a certificate for absences of 3 or more consecutive days.
Can I use a telehealth certificate?
Yes — certificates issued via telehealth (online doctor consultation) are valid if issued by a registered medical practitioner. Some employers have policies against online certificates, but the Act does not distinguish between in-person and remote consultations.
What if I genuinely cannot get a certificate?
If you are too ill to visit a doctor and no telehealth option is available, inform your employer and offer a statutory declaration when you recover. An employer who refuses to accept this and withholds pay may be acting unreasonably. Contact Employment New Zealand for guidance.