Sick Leave Entitlement NZ: Rights & New Law 2025

You’ve been with your employer for six months — and suddenly you’re wondering what happens when you wake up with the flu. New Zealand’s sick leave rules have shifted in recent years, and the details matter more than you might think. Whether you work full-time, part-time, or on a casual roster, knowing your sick leave entitlement can protect both your health and your paycheck.

Paid sick leave per year: 10 days ·
Eligibility period: After 6 months continuous employment ·
Maximum unused days carried over: 10 days ·
Law effective from: 24 July 2021 ·
Minimum employment period: 6 months from start date

Six key facts that capture the core of sick leave in New Zealand at a glance.

What is the new law for sick leave in NZ?

• The Holidays (Increasing Sick Leave) Amendment Act 2021 raised the minimum from 5 to 10 days per year.
• Effective 24 July 2021, the change applies to all eligible employees, including part-time and casual workers.
• The law was passed to reflect modern health needs and reduce presenteeism.

When did the sick leave increase take effect?

The change came into force on 24 July 2021. Under the Holidays (Increasing Sick Leave) Amendment Act 2021 (New Zealand Legislation), every eligible employee’s entitlement doubled from 5 to 10 days per year. The Act amended the parent Holidays Act 2003.

Why was the law changed?

The amendment aimed to reduce the spread of illness in workplaces, support workers in taking time off when genuinely sick, and align with World Health Organisation recommendations. According to Employment New Zealand (government employment guide), the change was part of a wider review of leave provisions to better support employee wellbeing.

The implication: New Zealand now offers one of the more generous statutory sick leave allowances among comparable economies.

How many sick days am I entitled to in NZ?

• Eligible employees get 10 days paid sick leave each year after 6 months continuous employment.
• Part-time employees receive the full 10 days – not a proportionate reduction.
• Unused sick days carry over up to a maximum of 20 days.

Part-time sick leave entitlement

If you work 20 hours a week or 10 hours a week, the entitlement is still 10 days per year. The Employment New Zealand guide (taking sick leave) confirms that sick leave is described in days, not part-days or hours. However, employers and employees can agree to express entitlement in hours as long as the total annual equivalent is at least 10 full days.

Sick leave for casual workers

Casual employees qualify for sick leave if they meet the 6-month continuous employment test or the 6-month work test – averaging at least 10 hours per week and at least 1 hour every week or 40 hours every month. According to Employment New Zealand (casual employment guidance), once eligible, casual workers also receive 10 days per year.

Carrying over unused sick days

Unused sick leave can be carried over, up to a maximum balance of 20 days. If you enter a new year with 8 days remaining, you keep those and add 10 more for a total of 18. The policy is designed to prevent forfeiture of unused leave while capping accumulation. Employment New Zealand (taking sick leave) notes that any balance above 20 days is forfeited.

The catch: unused days that push your balance above 20 are lost, so it pays to use what you need rather than hoard endlessly.

What are the rules around sick leave?

• Notify your employer as soon as possible before your scheduled start time.
• Provide proof if the absence lasts 3 or more consecutive days.
• Use sick leave for yourself or to care for dependants.

Notice and evidence requirements

The law requires you to tell your employer you are sick and unable to work before the day starts – or as soon as possible. Employers may ask for proof of sickness, such as a medical certificate, if the absence is 3 or more consecutive days. According to Employment New Zealand (taking sick leave), the employer should pay the reasonable cost of obtaining proof.

Sick leave for dependants

Sick leave covers not only your own illness or injury but also caring for your spouse, partner, child, or other dependant. This is a key provision that many workers overlook. Employment New Zealand (taking sick leave) explicitly lists dependant care as a valid use.

Recording and reporting sick leave

Employers must keep accurate records of sick leave taken and balances. As an employee, you should track your days – especially if you have casual or irregular hours. Employment New Zealand (managing sick leave) provides templates for recording.

The pattern: the rules are employee-friendly but hinge on timely communication and, for longer absences, independent medical verification.

Can an employer refuse sick leave in NZ?

• Employers cannot refuse genuine sick leave when an employee is entitled and has a valid reason.
• Refusal may be lawful if the employee fails to provide required evidence within a reasonable time.
• Unlawful refusal can lead to a personal grievance or penalties under the Holidays Act.

When refusal might be lawful

If you take sick leave but cannot produce a medical certificate after 3 consecutive days, your employer may refuse to pay that absence. Similarly, if you do not notify your employer before your start time, the refusal may be justified. Employment New Zealand (taking sick leave) emphasises that the employer must act reasonably and consistently.

Consequences of unlawful refusal

Refusing legitimate sick leave is a breach of the Holidays Act 2003. An affected employee can raise a personal grievance or apply to the Employment Relations Authority. According to Workers First NZ (employee advocacy organisation), unlawful refusal has led to compensation awards and reinstatement orders.

The trade-off: employers must pay for verified sick days, but they can refuse if you skip notification or fail to prove a longer absence.

What is considered a valid reason for sick leave in NZ?

• Personal illness or injury.
• Caring for a partner, child, or other dependant.
• Medical appointments if they prevent you from working.

Common reasons employees use sick leave

Flu, surgery recovery, chronic condition flare-ups, and caring for a sick child are all standard uses. Employment New Zealand (taking sick leave) also covers injury and pregnancy-related illness.

What about mental health days or appointments?

Mental health conditions that prevent you from working are covered under “illness”. However, the law does not explicitly list “mental health day”. According to Community Law NZ (community legal manual), if a mental health condition means you cannot work, you are entitled to sick leave. Medical appointments – whether physical or mental – may also qualify if you would otherwise be unable to work that day.

Why this matters: the broad statutory definition of “illness” gives workers more flexibility than many realise, but employers often push back on mental health claims.

How sick leave compares across employment types

Three employee categories show a clear pattern: full-time, part-time, and casual all get the same annual sick leave days after meeting eligibility.

How to claim sick leave in NZ: step-by-step

1. Notify your employer before your scheduled start time – by phone, text, or email. Keep a record.
2. State the reason (your own illness/injury or dependant care). You do not need to provide detailed medical information.
3. If absent 3 or more consecutive days, obtain a medical certificate. Your employer must reimburse the cost.
4. Wait for payment in the next pay period. Sick leave is paid at relevant daily pay or average daily pay.
5. Track your balance. Check your payslip or ask HR for your remaining days.

For casual workers: if you were not rostered on the sick day, you cannot claim. But if you could have reasonably expected to be rostered, discuss with your employer. Employment New Zealand (managing sick leave) advises that a shared understanding on “otherwise working days” should be documented in the employment agreement.

Timeline of sick leave in New Zealand

• 2003: Holidays Act 2003 enacted – establishes 5 days paid sick leave after 6 months (New Zealand Legislation)
• 24 July 2021: Holidays (Increasing Sick Leave) Amendment Act 2021 doubles entitlement to 10 days (Employment New Zealand)
• 2024: Employment NZ updates guidance on sick leave for dependants and part-time workers (Employment New Zealand)
• 2026 (proposed): No confirmed legislation; speculation about a further increase to 15 days remains unverified (New Zealand Parliament – no related bill as of Apr 2025)

Confirmed facts and what remains unclear

Expert perspectives on sick leave in NZ

Eligible employees are entitled to 10 days of paid sick leave each year, to care for themselves, their partners and children, or other dependants.

Employment New Zealand (government employment guide)

By law, all workers in Aotearoa are entitled to 10 days of paid sick leave after 6 months of continuous employment.

Workers First NZ (employee advocacy group)

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.

Community Law NZ (community legal manual)

For any employee juggling multiple part-time roles or a casual roster, the sick leave entitlement is 10 days – but the key to actually using it lies in understanding what constitutes an ‘otherwise working day’. Employers and employees would do well to document this in writing, because when illness strikes, the last thing anyone wants is a dispute over eligibility.

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For a detailed breakdown of the exact number of paid sick days workers can expect, see our guide on how many sick days per year in NZ.

Frequently asked questions