Payment for sick leave and bereavement leave

71 Payment for sick leave and bereavement leave

(1)

An employer must pay an employee an amount that is equivalent to the employee’s relevant daily pay or average daily pay for each day of sick leave or bereavement leave taken by the employee that would otherwise be a working day for the employee.

(2)

Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Accident Compensation Act 2001 or former Act.

(3)

An employer must not require an employee to take as sick leave any time for which the employee is being paid—

(a)

first week compensation by the employer under section 97 of the Accident Compensation Act 2001 or former Act; or

(b)

weekly compensation for a work-related injury within the meaning of that Act or former Act.

(4)

However, if an employer pays the difference between the employee’s first week compensation or weekly compensation and ordinary weekly pay, the employer may agree with the employee that he or she may deduct from the employee’s current sick leave entitlement 1 day for every 5 whole days that the employer makes that payment.

Compare: 1981 No 15 s 30A(4), (6)

Section 71(1): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).

Section 71(2): amended, on 1 April 2019, by section 30 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 71(3)(a): amended, on 1 April 2019, by section 30 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).