Sick Leave in New Zealand: Entitlement, Eligibility, and Carry-Over Rules

Most employees in New Zealand get 10 days of paid sick leave a year, but only once they have worked for the same employer for 6 months. The days can be used for the employee's own illness or injury, or to look after a partner, child, or another dependant.

This is general information about New Zealand employment law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

Who is entitled to paid sick leave

Sick leave entitlement starts after 6 months in the job. That 6 months can be continuous employment with one employer, or it can be met on a part time or irregular basis, where the employee has worked an average of at least 10 hours a week, and at least 1 hour in every week or 40 hours in every month, over that 6 month period.

The entitlement is not reduced for part time work. Once an employee meets the 6 month test, they get the full 10 days, the same as a full time employee, rather than a fraction of it.

How many days, and who they can be used for

The entitlement is 10 days of paid sick leave in each entitlement year. It renews on the employee's entitlement date, generally each anniversary after the first 6 months. Sick leave is not limited to the employee's own illness or injury. It also covers time off to care for a spouse or partner, a dependant child, or another person who depends on the employee for care.

Carry-over and the maximum you can hold

Sick leave that is not used in a year carries over into the next one, up to a total of 20 days held at any time. An employer and employee can agree, through the employment agreement or a workplace policy, to allow a higher accumulation than 20 days, but the law does not require it. Unused sick leave cannot be cashed up while employment continues, and it is not included in an employee's final pay when they leave a job.

Proof of sickness

An employer can ask an employee to provide proof of sickness or injury, such as a medical certificate, if the employee has been away for 3 or more consecutive calendar days (including weekends or other days the employee was not rostered to work). For an absence shorter than 3 days, an employer can still ask for proof, but must do so as soon as possible and must reimburse the employee for the reasonable cost of getting it. For an absence of 3 or more days, the employee generally pays for their own certificate.

The Employment Leave Bill: a proposed change to how leave is worked out

The government's Employment Leave Bill, introduced on 9 March 2026, would replace the Holidays Act 2003 with a new hours based system for annual leave, sick leave, and several other leave types. Under the proposal, sick leave and annual leave would accrue from an employee's first day of employment, in hours against hours actually worked, rather than being granted as a fixed block of days after a qualifying period. The Bill had passed its first reading and the select committee reported back in July 2026, but it is not yet law. If it is enacted, the government has proposed a lead-in period of about 2 years after Royal assent before the new system takes effect for most employers, with a longer transition for the state schooling sector. Until it comes into force, the current 10 day, 6 month entitlement under the Holidays Act 2003 continues to apply.

If sick leave is refused, or you are treated unfairly over it

An employer who unreasonably refuses sick leave an employee is entitled to, or treats an employee badly for taking it, may be exposing itself to a personal grievance claim for unjustified disadvantage. That process has its own strict time limit for raising it with the employer.

Related employment topics

For the wider picture of employment law in New Zealand, see the employment law hub.