Sick Leave
Entitlements: - under the 2003 Holidays
Act
Employees are entitled to the statutory minimum
sick leave after completing six months employment with an
employer.
The minimum provision is for five days' paid sick leave a year and
an additional five days' paid sick leave after each subsequent 12
month period.
When can sick leave be taken:
Sick leave
can be used when an employee is sick or injured, or when the
employee's spouse or a dependent person (such as a child or elderly
parent) is sick or injured and needs care.
Accumulation of sick leave:
Under the 2003 Holidays Act unused sick leave, if not used within
the 12 months of entitlement, is automatically carried over into
the next 12 months.
The maximum accumulation under the Act is 20 days'
leave.
Accumulated sick leave cannot be exchanged for cash, or form part
of any final payment on leaving employment, unless it has been
included in the employment agreement.
Advance leave:
The employer and employee
can agree to the employee taking the sick leave entitlement in
advance, sick leave taken can be deducted from the next entitlement
period
Proof of illness:
The employer can ask for proof of illness within three calendar
days if they have reasonable grounds to suspect the sick leave is
not genuine, the employer is to meet the employee's reasonable
expenses in getting proof. This includes when the employee is using
sick leave to care for another person.
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