What happens if an employee falls sick during annual leave NZ

Published 12 August 2025 | 2 min read

In New Zealand, if an employee gets sick before or during annual leave, they can usually switch those days to paid sick leave - if they qualify, the employee should notify their employer promptly, and provide proof if requested. This also applies if a spouse, partner, child, or dependant is sick.

Sick leave and annual holidays (how it works)

If illness or injury disrupts a booked holiday, the Holidays Act 2003 allows employees to use sick leave instead of annual leave, but only in certain situations and with agreement from the employer.

This applies to sickness before the holiday starts or during it, and includes caring for a sick partner, child, or dependant. Both employee and employer should understand the process to ensure the law is followed and leave balances are accurate.

Before your annual leave starts

If an employee is sick or injured before their booked annual leave begins, they can request to use sick leave for the affected days instead of annual leave.

Employers may require proof of illness before approving the change.

During your annual leave

If an employee becomes sick or injured after their holiday begins, they can request to change the sick days from annual leave to sick leave.

This change must be agreed to by their employer. They may ask for proof before approving the switch.

Sick leave entitlements in New Zealand

Employees (including part-time and casual) are entitled to 10 days paid sick leave per year once they have:

• Worked for the same employer continuously for 6 months, or
• Worked for the same employer for 6 months for an average of 10 hours a week, with at least 1 hour each week or 40 hours each month.

Unused sick leave can be carried over, up to a total of 20 days (unless more is allowed by your employment agreement).

Proof of illness or injury

An employer can require proof that the employee (or their dependant) were sick:

• Less than 3 days’ absence – Employer must request proof as soon as possible and reimburse the cost.
• 3 or more days in a row – Employee pays for proof.

If proof is requested but not provided (without reasonable excuse), sick leave does not have to be paid until proof is given.

Payment for sick leave

Paid at relevant daily pay or average daily pay.

Only for otherwise working days – days the employee would have worked if not sick.
Not paid for non-working days or days already on unpaid leave.

Best practices for employers

1. Notify early – Tell the other party as soon as illness affects annual leave.
2. Record the change – Keep a written record if leave is converted.
3. Prevent disputes – Employers can request proof to ensure fairness.
4. Review agreements – Some workplaces offer more than the legal minimum.

Following Employment NZ guidelines protects both employers and employees and ensures leave records are correct.

Frequently asked questions

1. Can an employee use sick leave if I get sick during my annual holiday in New Zealand?

Yes. If an employee gets sick before or during annual leave, they can request to switch the affected days to paid sick leave. They must qualify for sick leave, notify their employer promptly, and provide proof if requested. This also applies if a spouse, partner, child, or dependant is sick.

2. Does an employee need their employer's agreement to change annual leave to sick leave?

Yes. If sickness or injury occurs during annual leave, the change to sick leave requires the employer's agreement. Employers can request proof of illness before approving the change.

3. What proof is required if an employee gets sick during annual leave?

Employers can request proof, usually a medical certificate. If the employee is sick for less than 3 days, the employer must ask for proof as soon as possible and reimburse the cost. If sick for 3 or more consecutive days, the employee must pay for the proof themself.

4. How many sick leave days is an employee entitled to in New Zealand?

Employees are entitled to 10 days of paid sick leave per year after six months of continuous employment, or working an average of 10 hours per week with at least 1 hour in every week or 40 hours each month. Up to 10 unused days can be carried over, for a maximum of 20 days in a year.

5. Does an employee get paid for sick leave taken during a holiday?

Yes, if the day is an otherwise working day. Sick leave is paid at the employee's relevant daily pay or average daily pay. The employee cannot be paid sick leave for days they were not rostered to work.

What next?

If sickness interrupts a holiday in New Zealand, those days can become sick leave but only if the employee qualifies and meets proof requirements.

Our friendly HR & employment experts are just an email or a phone call away. 

Email us at info@eqconsultants.co.nz, or call us on 03 366 4034 for professional, one-on-one guidance.

This article is not intended as legal advice but is intended to alert employers to relevant topics of interest and how to be prepared.

Note: This information is based on official details from Employment New Zealand and is subject to change. Always refer to the latest guidelines for the most accurate information. Visit Employment New Zealand here.