In New Zealand, employees are entitled to ten days of paid sick leave per year after six months of continuous service, increased from five days effective 24 July 2021. Up to 20 days can be carried over, capping the total at 20 days in any year.

Statutory entitlement

Ten days of paid sick leave per 12-month period, available after the first six months of continuous employment. Up to 20 days can accumulate. Sick leave can be used for the employee's own illness or to care for a partner, child, or other dependant who is sick or injured.

Eligibility

Employees who have completed six months of continuous service, or who have worked for an average of at least 10 hours a week (and at least one hour every week or 40 hours every month) over the six-month period.

Employer obligations

  • Provide ten days of paid sick leave per year once the employee qualifies.
  • Allow carry-over of unused sick leave up to a maximum of 20 days.
  • Pay sick leave at 'relevant daily pay' or 'average daily pay' where that is not practicable.
  • Only require proof of illness if the employee has been off for three or more consecutive calendar days, or earlier where the employer pays for any required medical certificate.

Employee rights

  • Right to use sick leave for self or to care for a dependent partner, child, or family member.
  • Right to be paid for sick leave at the same rate they would have earned working that day.
  • Right not to provide a medical certificate for absences shorter than three consecutive calendar days, unless the employer pays for it.

Common pitfalls

  • Refusing to pay sick leave because the employee did not provide a medical certificate for a one- or two-day absence.
  • Forgetting that the entitlement is now 10 days (not 5), since the July 2021 amendment.
  • Failing to allow up to 20 days of accrual carry-over.
  • Using ordinary weekly pay rather than relevant daily pay for the calculation.

Caring for dependants

Sick leave can be used when the employee is sick or injured, or when a person who depends on the employee for care is sick or injured. 'Dependant' includes a spouse or partner, a child, a parent, or any other person where a relationship of dependency exists.

Evidence requirements

Employers can require proof of illness only if an employee has been off for three consecutive calendar days or more. Where the employer asks for a medical certificate within the first three days, they must pay any reasonable cost of obtaining it.

Frequently asked questions

When does sick leave start in New Zealand?

After the first six months of continuous employment, an employee qualifies for ten days of sick leave per year, with a further ten days each subsequent anniversary.

How much sick leave can be carried over?

Unused sick leave can be carried over to the next year, up to a maximum total balance of 20 days.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.