Sick leave … things you should know …

The Holidays Act sets out an employee’s minimum sick leave entitlements.  This does not mean that an employee and employer cannot agree to greater entitlements.  It does however prevent the employer from reducing those minimum entitlements.

Who is entitled?

In most cases an employee will become entitled to take sick leave after six months current continuous service.  The Act does provide some flexibility for part-time and, on occasion casual, employees.

What are they entitled to?

Once eligible, an employee is entitled to five days paid sick leave every 12 month period beginning on the date the employee became eligible.  This means that on the six month anniversary of your employment you could take five days paid sick leave – you just couldn’t take any more for another twelve months!

An eligible employee may take sick leave if they, their spouse or partner, or a person who depends on them for care, is sick or injured.

Any unused sick leave may carry over from one 12 month period to the next.  However, an employee cannot be entitled to more than 20 days sick leave in any one year (unless by agreement).

When the employment ends, the employee is not entitled to be paid for any untaken sick leave.

Proof of sickness or injury

Where leave is for less than three days the employer can require proof, but only if the employer:

• Informs the employee as early as possible; and
• Meets the employee’s reasonable expenses in obtaining proof.

Where leave is for three days or more the employer can require proof at the employee’s cost.

An employer also has the power to require an employee to obtain proof to show that there are no Health and Safety or hygiene reasons to prevent the employee from working.

The key thing to remember is that these are minimum entitlements.  If you have any questions about your rights, or if you are not sure about your entitlements under your Employment Agreement, please call me for an initial chat on 0800 733 400.