Employment conditions and protections
Sick, bereavement and other short-term leave
Sick leave: what you’re entitled to
How many days of paid sick leave do I get in a year?
You are entitled to at least 10 days of sick leave per year. If your employment agreement provides more than 10 days, you’re entitled to the higher number.
How long do I have to be working at a job to get paid sick leave?
Your sick leave entitlement starts when you’ve been working continuously at your job for six months, or if you meet the ‘work test’.
You meet the work test if at any time, including in the past, you worked at your current employer for a six month period, where you:
- worked an average of at least 10 hours per week, and
- worked for at least one hour every week, or at least 40 hours in every month.
This includes where you previously worked for your employer for six months, stopped working there, and then started working for them again.
If your employer agrees, you may be able to take leave before you are entitled to it (called “taking leave in advance”). Those days will then be deducted from your sick leave entitlement when it kicks in.
Your sick leave will be renewed annually after you become eligible. For example, if you start work in April 2024, your sick leave entitlement will start in October 2024. You will have 10 days of paid sick leave available between October 2024 and October 2025, at which point your entitlement will renew.
In what situations can I take paid sick leave?
You can take sick leave if:
- you’re sick or injured, or
- your spouse or partner is sick or injured, or
- a person who depends on you for care is sick or injured (like your child or a relative you care for).
Do I have to tell my employer if I take paid sick leave?
If you are going to take sick leave, you must tell your employer as early as possible before you are supposed to start work or, if that’s not possible, as early as you can after that time.
Can I accumulate my sick leave?
You can carry over up to 10 days’ sick leave from one year to the next, which means you can accumulate up to 20 days of sick leave in any particular year.
This is a minimum right. Your employment agreement might give you a more generous policy, but it can’t offer you less than this.
Do I have to show proof that I’m sick?
Your employer can require you to provide proof that you were sick or injured.
Your employer has to pay for the reasonable cost of getting the proof (for example, the cost of going to your GP) if you were on sick leave for less than three days.
Your employer can require you to get proof (and pay for the cost of getting that proof) if the sickness or injury lasts for three or more days in a row, including weekends and any other days that aren’t usually working days for you. For example, your employer can require proof if you’re off sick on a Friday and the following Monday.
If you’re asked for proof, you can provide a certificate from a relevant registered health professional – for example, a doctor or nurse if you’re sick, or a physiotherapist if you are injured.
Can I get paid out for my sick leave if I don’t use it all?
No, you’re not entitled to be paid out for any sick leave that you don’t take before your job ends.
Bereavement leave: what you’re entitled to
How much bereavement leave can I take?
Holidays Act 2003, ss 63, 69, 70
You can take bereavement leave as many times as you need, but the number of days you can take off depends on your relationship to the person who passed away. These are the minimum requirements for bereavement leave. If your employment agreement offers more leave, you’re entitled to the higher number.
You can take three days’ bereavement leave on the death of your:
- spouse or partner
- parent
- child
- brother or sister
- grandparent
- grandchild
- spouse’s or partner’s parent.
If someone who is not on that list has died, you can ask your employer if you can take one day’s bereavement leave. Your employer will decide if you can take this leave based on factors like:
- how close you were to the person who has died,
- whether you have any significant responsibilities for arrangements for funeral or other ceremonies, and
- any cultural responsibilities you have in relation to the death.
Bereavement leave after miscarriage or stillbirth
The Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) makes it clear that you are entitled to three days’ bereavement leave if you experience the end of a pregnancy because of miscarriage or stillbirth.
These entitlements apply to the person who was pregnant and their partners, as well as parents planning to have a child through adoption or surrogacy.
How long do I have to be working at a job to get paid bereavement leave?
Your bereavement leave entitlement starts when you’ve been working continuously at your job for six months, or if you meet the ‘work test’.
You meet the work test if at any time, including in the past, you worked at your current employer for a six-month period, where you:
- worked an average of at least 10 hours per week, and
- worked for at least one hour every week, or at least 40 hours in every month.
Your employer can agree to allow you to take bereavement leave in advance before you become entitled to it. If they do agree to this, they can’t later use that as a reason to refuse you bereavement leave on a different occasion when you’d otherwise have the right to it.
What if I need more leave?
If you need to take more time off, you should speak to your employer as soon as possible. If you have annual leave available, you may be able to take this. If you don’t have annual leave available, you might be able to take leave in advance (see: “Annual leave”).
If you and your employer agree, you might be able to take unpaid leave (“leave without pay”). If your employment agreement doesn’t say anything about leave without pay, you can still negotiate this with your employer at the time you need it.
You aren’t automatically allowed to take leave without pay. If you take leave without your employer agreeing to it, you could face disciplinary action.
Note: Some employment agreements provide cultural leave for things like tangihangi, which will be additional to your minimum leave requirements. Your employer doesn’t legally have to offer cultural leave.
Is there a maximum amount of bereavement leave each year?
You can take bereavement leave as many times as you need. There is not a minimum or maximum number of bereavement leave days available.
The only limit is on how many days of leave you can take at a time. You will be able to take three days of leave for the death of a family member, or one day of leave if someone outside of your family has died.
If you suffer more than one bereavement at the same time, you can take the allowed amount of bereavement leave for each one.
Do I have to tell my employer I’m going to take bereavement leave?
You have to tell your employer as early as possible if you intend to take bereavement leave before you are supposed to start work or, if that’s not realistic, as early as possible after that time.
Do I have to give proof of bereavement leave?
No, your employer shouldn’t ask you for proof of the bereavement and they can’t deny your bereavement leave request if you don’t give proof.
Family violence leave: what you’re entitled to
Who can take family violence leave?
Holidays Act 2003, ss 72B, 72C, 72E, 72G
You can take family violence leave if:
- you experienced family violence personally, whether the violence is still going on now or happened sometime in the past (even before you started this current job), or
- a child who lives with you is experiencing or has experienced family violence. This could be your own child or someone else’s. The child doesn’t have to be living with you all the time – it’s enough if they usually live with you or live with you “periodically” (every second week, for example).
How much family violence leave can I take?
If you qualify, you can take 10 days of paid family violence leave each year. This leave doesn’t carry over.
Do I have to take it all at once?
No, you don’t have to take the 10 days of leave all at once.
What do I need to tell my employer?
If you plan to take family violence leave, you should tell your employer as early as possible before you are supposed to start work. If you’re not able to tell them before you start work, you should tell them as early as possible after that.
Do I have to show proof?
Your employer can ask for proof of the family violence. The law doesn’t say what kind of proof you need to give, but Employment NZ has suggested that you could use things like:
- a letter from a family violence support service, or
- a report from a doctor or nurse, or
- a police or court document, like a Protection Order.
Go to www.employment.govt.nz for more examples.
How long do I need to have worked at a job before I can take family violence leave?
Your leave entitlement starts when you’ve been working continuously at your job for six months, or if you meet the ‘work test’.
You meet the work test if at any time, including in the past, you worked at your current employer for a six-month period, where you:
- worked an average of at least 10 hours per week, and
- worked for at least one hour every week, or at least 40 hours in every month.
Your employer can agree to allow you to take family violence leave in advance before you become entitled to it. That leave will then be deducted from the amount you later become entitled to.
