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When can sick leave be taken
Sick leave can be used when an employee is sick or injured, or when the employee's spouse or a dependent person (such as a child or elderly parent) is sick or injured and needs care.
At any time where the employee does not have a sick leave entitlement (including during the first six months of employment), the employer and employee can agree to the employee anticipating the sick leave entitlement. In this case, any sick leave taken can be deducted from the next entitlement that arises.
Accumulation of sick leave
Under the Holidays Act 2003 an employee can carry over unused sick leave. For example, if someone uses only one day's sick leave from the five day entitlement in a 12 month period, he or she may carry over the other four days, so in the next 12 month period the total entitlement is nine days' sick leave. The maximum accumulation under the Act is 20 days' leave, although employment agreements can provide more generous accumulation.
Accumulated sick leave cannot normally be exchanged for cash, nor form part of any final payment to the employee on resignation or termination, unless the employment agreement requires this.
Sick leave entitlements are not pro-rated in any way. For example, even if a part-time employee works three days a week, she or he becomes entitled to five days' sick leave a year after being in employment for six months. Sick leave can also accumulate to up to 20 days for part-time employees. |
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