How much sick leave do I get in New Zealand?

Once you have worked for the same employer for six months, you get 10 days of paid sick leave a year. It does not matter whether you are full-time or part-time, and you can use it when you are sick or injured yourself, or when your partner, child or another dependant needs you to look after them.

Unused days roll over, so a healthy year is not wasted. The rules on proof, pay and what counts as a "day" are where most arguments start, so this guide covers those in detail.

The basics

• You qualify after 6 months of continuous employment with the same employer.
• If your hours are irregular, you qualify after 6 months if you averaged at least 10 hours a week and worked at least 1 hour every week or 40 hours every month.
• You get 10 days each year from that point. It is a block, not an accrual. On the day you reach 6 months you have 10 days available.
• Part-time workers get the full 10 days. Sick leave is not pro-rated. Someone working three days a week still gets 10 days.
• Unused days carry over. Your balance can build up to a maximum of 20 days unless your employer agrees to a higher cap.
• You can use sick leave to care for yourself, your spouse or partner, your child, or any other person who depends on you.
• You are only paid for days you would otherwise have worked. Being sick on a day you were not rostered uses no leave and earns no pay.
• Your employer can ask for proof. For absences under 3 consecutive calendar days they must ask as early as possible and pay your reasonable costs, such as the doctor's fee. From day 3 onwards they can ask and you cover the cost.
• Sick leave cannot be cashed up and is not paid out when you leave a job.
• If you run out, you can ask for sick leave in advance, annual holidays or unpaid leave, but the employer does not have to agree unless your agreement says so.

How the pay is worked out

Sick leave is paid at relevant daily pay: what you would have earned if you had worked that day, including overtime you would have done, incentive payments and the cash value of any board or lodgings. If that cannot be worked out, or your daily pay varies in the pay period, your employer can use average daily pay instead.

• Hours: Monday, Wednesday and Friday, 8 hours a day at $27 an hour.
• Sick on Wednesday: Relevant daily pay is 8 x $27 = $216. One day of sick leave is used.
• Sick on Tuesday: No pay and no leave used, because Tuesday is not a working day for her.

• Year 1: Entitled to 10 days, uses 4. Balance at year end is 6.
• Year 2: 6 carried over + 10 new = 16 days. She uses 2. Balance is 14.
• Year 3: 14 + 10 = 24, but the cap is 20, so she starts the year with 20. The extra 4 are lost. If she had taken a few more days in year 2, nothing would have been lost.

• Last 52 weeks: Gross earnings of $48,100 across 185 whole or part days worked or on paid leave.
• Average daily pay: $48,100 divided by 185 = $260 per sick day.
• The 52-week count includes days on paid leave but leaves out unpaid days, so a long unpaid break does not drag the average down.

The catch

• The 6-month wait is per employer. Change jobs and the clock restarts. Nothing transfers.
• The irregular-hours test is strict. Miss the 1 hour every week or 40 hours every month pattern and you may not qualify, even if your average was fine. Your employer must still let you use any days already carried over.
• The cap really is a cap. Days above 20 vanish at the end of the year. Check your payslip balance before your anniversary.
• Proof requests have timing rules. If your employer waits until you are back and then demands a certificate for a one-day absence, they must still pay the doctor's fee. If they asked for proof and you did not provide it without a reasonable excuse, they can withhold the sick pay until you do.
• Your employer cannot pick your doctor. Proof usually means a certificate from a doctor or other health practitioner, but which one is up to you.
• Sick during annual holidays. If you get sick before your holidays start, your employer must let you take sick leave instead and keep the holidays. If you get sick during the holidays, you can ask to switch, but the employer has to agree.
• Sick leave for a dependant still needs proof on request. The same 3-day and cost rules apply when the sick person is your child or partner.

What changes on 6 August 2028

The Employment Leave Act 2026 received Royal assent on 6 August 2026 and replaces the Holidays Act from 6 August 2028. Until then the rules above apply, and employers are not allowed to switch early. Based on the Government's published summaries, from the first pay period starting on or after 6 August 2028:

• Sick leave will accrue in hours from your first day, at a minimum of 0.0385 hours for every standard hour you work. For a 40-hour week that is about 80 hours a year, which is the same two working weeks as today, but with no 6-month wait.
• Leave will be taken and paid in hours, so a half day sick will cost half a day of leave.
• All leave will be paid at one hourly leave pay rate based on your lowest hourly rate for the shift, with fixed allowances still paid in full. Relevant daily pay and average daily pay disappear.
• Extra hours beyond your standard hours, and casual hours, will attract a 12.5 percent leave compensation payment instead of building up leave.

Detailed guidance is still being published. Check the Employment New Zealand "Changes to leave coming in 2028" page before relying on any of the 2028 figures.

What to do if it is wrong

1. Check your payslip for your sick leave balance. Employers must keep leave records and you can ask to see yours.
2. Count your service. If you have passed 6 months and your balance still shows zero, raise it in writing with your manager or payroll.
3. If sick pay was short, ask how it was calculated. For fixed hours it should be your normal day's pay. For variable hours, ask for the 52-week figures used.
4. If you were asked for a certificate for a 1 or 2 day absence, ask for the doctor's fee back.
5. Keep copies of every message about sick leave, including the day you told your employer you were unwell.
6. If it is not fixed, call Employment New Zealand on 0800 20 90 20 or use their Get Help form. Mediation is free.
7. Unpaid sick leave is a wage arrears claim. You can take it to the Labour Inspectorate or the Employment Relations Authority.

Common questions

Do I get sick leave in my first six months?

Not by law. Some agreements give it earlier, so check yours. You can ask your employer for sick leave in advance, but they can say no. From August 2028 this changes and sick leave will build from day one.

Can my employer refuse sick leave because we are short-staffed?

No. If you are sick and have days available, you are entitled to use them. The employer can ask for proof but cannot refuse the leave.

Does a public holiday count as a sick day?

No. If you are sick on a public holiday that you would normally have worked, you are paid for the public holiday and no sick leave is used.

Can I use sick leave for a medical appointment?

The entitlement is for when you are sick or injured, or caring for a dependant who is. Many employers allow it for appointments, but it is a matter of agreement rather than a legal right.

What happens to my sick leave if I leave?

It lapses. There is no legal requirement to pay out unused sick leave, so a large balance is only valuable if you use it while employed.

More articles · More for Your Rights · All free tools

Last reviewed 14 October 2026. Written by Streetwise from the official pages listed above. General information only, not legal or financial advice.