Sick Leave and Medical Issues

New Zealand employment law provides comprehensive sick leave entitlements that protect workers when illness prevents them from working. Under the Holidays Act 2003, employees are entitled to a minimum of 10 days sick leave per year after six months of employment, with unused leave carrying over to the following year up to a maximum of 20 days.

Sick leave can be used for your own illness or injury, caring for your spouse, partner, dependent child, or other dependants in your household. This includes mental health conditions, which are treated the same as physical illnesses under employment law. Your employer cannot require you to use annual leave instead of sick leave when you're genuinely unwell.

Many employment agreements provide sick leave entitlements that exceed the statutory minimum. Some employers offer additional sick leave, the ability to carry over more than 20 days, or allow sick leave to be used for extended family members. It's important to understand what your specific employment agreement provides beyond the legal minimums.

Your employer cannot unreasonably refuse sick leave requests or penalise you for taking legitimate sick leave. They also cannot require you to make up time lost due to illness or treat sick leave as a negative factor in performance reviews or promotion decisions.

Medical certificates serve as evidence that your absence from work is due to genuine illness or injury. Your employer can request a medical certificate if your sick leave is for more than three consecutive days, or if they have reasonable grounds to suspect the leave is not for genuine illness. However, they cannot demand medical certificates for every single day of sick leave without justification.

A valid medical certificate must be issued by a registered medical practitioner and should state that you were unfit for work during the specified period. It doesn't need to disclose your specific diagnosis or detailed medical information. The certificate should focus on your fitness for work rather than providing comprehensive medical details.

Disputes often arise when employers question the validity of medical certificates or when doctors are reluctant to provide them. Some employers inappropriately pressure employees to provide detailed medical information or seek second opinions from company-chosen doctors. Understanding the boundaries of what employers can reasonably request helps protect your privacy while meeting legitimate workplace requirements.

If your employer refuses to accept a genuine medical certificate or makes unreasonable demands for medical information, this could constitute a breach of your employment rights. Such situations may lead to personal grievance claims if the employer's conduct is unjustified.

Medical incapacity dismissals occur when an employer terminates employment because an employee's health condition prevents them from performing their job duties. These dismissals are among the most complex areas of employment law because they must balance the employee's rights with legitimate business needs while avoiding discrimination.

Before dismissing for medical incapacity, employers must follow a fair process that includes obtaining proper medical assessments, considering reasonable accommodations, exploring alternative duties, and consulting meaningfully with the employee. They cannot simply assume that a health condition makes someone incapable of work without proper investigation and consideration of options.

The process typically involves independent medical examinations to assess the employee's capacity for work, both in their current role and in modified positions. Employers must consider whether reasonable adjustments to duties, hours, or working conditions could enable the employee to continue working effectively. This might include flexible working arrangements, modified equipment, or temporary adjustments while recovery occurs.

A dismissal for medical incapacity will only be justified if the employer can demonstrate that the employee's condition genuinely prevents them from performing their essential job functions, that reasonable accommodations have been considered, and that continued employment would cause undue hardship to the business. Failure to follow proper processes often results in findings of unfair dismissal.

Employers have a legal obligation to consider reasonable accommodations for employees with health conditions or disabilities. This duty extends beyond simply accepting sick leave to actively exploring ways to enable continued employment while managing health challenges.

Reasonable accommodations might include flexible working hours to accommodate medical appointments, modified duties that avoid physical limitations, ergonomic equipment to prevent injury, or temporary adjustments while recovering from illness. The key is finding solutions that allow the employee to perform the essential functions of their role without causing undue hardship to the employer.

The accommodation process should involve genuine consultation between employer and employee, often with input from medical professionals. Employees should be proactive in suggesting potential accommodations and providing relevant medical information to support their requests. However, the final decision about what constitutes reasonable accommodation depends on factors like the nature of the business, available resources, and the essential requirements of the role.

Failure to consider reasonable accommodations can constitute discrimination under the Human Rights Act 1993. This is particularly relevant for employees with disabilities or chronic health conditions who may face ongoing challenges in the workplace. Understanding your rights to accommodation helps ensure that health conditions don't automatically lead to employment termination.

Discrimination based on health conditions or disability is prohibited under New Zealand law. This protection extends to recruitment, terms of employment, promotion opportunities, and dismissal decisions. Employers cannot treat employees less favourably because of their health status, medical history, or need for medical treatment.

Health-related discrimination can be direct, such as refusing to hire someone because of a known medical condition, or indirect, such as implementing policies that disproportionately affect people with certain health conditions. It can also include harassment or bullying related to someone's health status or medical needs.

Common examples include being passed over for promotion because of a chronic condition, being excluded from training opportunities due to medical appointments, or facing negative comments about sick leave usage. Pregnancy-related discrimination is also covered under these protections, including discrimination related to pregnancy complications or maternity leave.

If you experience health-related discrimination, documenting incidents and seeking early legal advice is crucial. Discrimination claims can be complex, but they provide important remedies including compensation and orders to prevent future discriminatory conduct.

Returning to work after extended illness or injury requires careful planning and cooperation between employee and employer. A successful return-to-work process protects both the employee's health and the employer's business interests while ensuring compliance with legal obligations.

The return-to-work process typically begins with medical clearance confirming fitness for work, either in the original role or with modifications. This might involve graduated return schedules, starting with reduced hours or modified duties before resuming full responsibilities. Clear communication about capabilities and limitations helps prevent re-injury or health setbacks.

Employers should conduct return-to-work meetings to discuss any necessary accommodations, updated job requirements, and support available during the transition period. This consultation process helps identify potential issues early and demonstrates the employer's commitment to supporting the employee's successful return.

Sometimes return-to-work attempts are unsuccessful due to ongoing health limitations or inadequate support from the employer. In these situations, it's important to document the efforts made and any barriers encountered. This information becomes crucial if employment issues arise later or if further medical intervention is needed.

For more information about managing the transition back to work, see our guide on return to work processes and your rights during this critical period.

Proper documentation is essential when dealing with medical issues in the workplace. This includes maintaining records of medical appointments, treatments, communications with your employer, and any workplace incidents that affect your health. Good documentation protects your rights and provides evidence if disputes arise.

Keep copies of all medical certificates, specialist reports, and correspondence with healthcare providers. Document conversations with your employer about your health condition, including requests for accommodations and their responses. Email communications are particularly valuable as they provide timestamped records of discussions and decisions.

If your health condition is work-related, document the circumstances that led to the illness or injury. This might include workplace hazards, excessive workload, or inadequate safety measures. Such documentation can be crucial for ACC claims or health and safety investigations.

Maintain a diary of symptoms, treatments, and how your condition affects your work performance. This information helps medical professionals provide accurate assessments and supports requests for workplace accommodations. It also provides valuable evidence if you need to challenge employer decisions about your fitness for work.

Remember that medical information is private and confidential. You're not required to disclose detailed medical information to your employer beyond what's necessary to establish your fitness for work and any required accommodations.

Legal advice becomes crucial when medical issues in the workplace escalate beyond simple sick leave requests. Early intervention by employment lawyers can prevent minor disputes from becoming major legal battles that affect your career and financial security.

Seek legal advice immediately if your employer threatens dismissal for medical incapacity without following proper processes, refuses to consider reasonable accommodations, or questions the validity of genuine medical certificates. These situations require prompt action to protect your employment rights and prevent unfair treatment.

Legal help is also essential if you face discrimination or harassment related to your health condition, if your employer pressures you to return to work before you're medically cleared, or if they make unreasonable demands for medical information. Employment lawyers can help you understand your rights and develop strategies to address these issues.

Consider legal advice when negotiating return-to-work arrangements, especially if your employer is reluctant to provide necessary accommodations or if previous return-to-work attempts have failed. Lawyers can help ensure that agreements protect your interests while meeting your employer's legitimate needs.

Don't wait until after dismissal to seek legal help. Early advice can often prevent dismissal altogether or ensure that if dismissal occurs, it follows proper processes and includes appropriate compensation. Understanding your options before making critical decisions helps protect your long-term interests.