Short version: you get 10 days of paid sick leave a year once you've been with your employer for six months. Unused days carry over, up to a total of 20. A new law changes this in 2028, but today's rules still apply until then.
When sick leave starts
You qualify for sick leave once you meet one of two tests with the same employer:
- you've worked there continuously for six months, or
- you've worked there for six months for an average of 10 hours a week, and at least 1 hour in every week or 40 hours in every month.
The second route is for people on irregular or casual hours. If you work most weeks, even a few hours, you'll usually qualify after six months.
Before six months you have no legal entitlement. Your employment agreement can still give you sick leave earlier, and some employers do.
How many days you get
Once you qualify, you get 10 days of paid sick leave. You get another 10 days every 12 months after that.
| Rule | What the law says |
|---|---|
| Days a year | 10, after six months |
| Carry-over | Unused days roll over, up to 20 days in total |
| More than 20 days | Only if you and your employer agree in writing |
| When you leave the job | Unused sick leave is not paid out |
| Pay rate | What you would have earned if you'd worked that day |
You're only paid sick leave for days you would have worked. A Saturday off sick doesn't use a day if you don't normally work Saturdays.
Who you can take it for
Sick leave covers more than your own illness. Employment New Zealand says you can use it to care for:
- yourself, when you're sick or injured
- your partner
- your children or other dependants who are sick or injured.
Does my employer need a medical certificate?
It depends how long you're off.
- 3 or more consecutive calendar days: your employer can ask for proof on or after the third day. You pay for the doctor's visit or certificate yourself.
- Fewer than 3 days: your employer can still ask for proof, but they must ask as soon as possible and pay you back for the cost, such as the doctor's fee.
Calendar days include weekends and your usual days off. Off sick Friday and back on Tuesday counts as four calendar days.
Working out how many working days you're off, or how long until you hit six months? Count them here.
Open the working days calculator →When sick leave runs out
If you've used all your sick leave, you and your employer can agree on what happens next. Employment New Zealand lists these options:
- sick leave in advance
- some of your annual leave
- unpaid leave
- paid special leave.
Bereavement leave
Bereavement leave is separate from sick leave. It uses the same six-month starting point.
- 3 days when someone in your immediate family dies. That includes your partner or spouse, parents, children, siblings, grandparents, grandchildren and parents-in-law.
- 3 days for a miscarriage or stillbirth, yours or your partner's.
- 1 day when someone else dies and your employer accepts you've had a bereavement.
What's changing in 2028
The Employment Leave Act 2026 received royal assent on 6 August 2026. It replaces the Holidays Act 2003 on 6 August 2028. It is not in force yet, so everything above still applies today.
Once it starts, sick leave will work differently:
- It builds up from your first day, with no six-month wait.
- It accrues by the hour: 0.0385 hours of sick leave for every contracted hour you work.
- Your balance is capped at 160 hours.
Someone on a 40-hour week would build up about 1.5 hours of sick leave a week, or roughly 80 hours over a full year.
Common questions
Do part-time workers get 10 days of sick leave?
Yes. It's 10 days, not 10 full-time days. If you qualify, each day off sick is a day you would have worked, whatever your hours on that day.
Do I get sick leave in my first six months?
Not by law. Your employment agreement might give you some, and you can ask your employer to let you take sick leave in advance or use annual leave.
Can I take sick leave to look after my child?
Yes. You can use your sick leave to care for your children or other dependants, and your partner.
Is unused sick leave paid out when I leave?
No. Unused sick leave doesn't have to be cashed up when your job ends.
Does the 2028 law change my sick leave now?
No. The Employment Leave Act 2026 takes effect on 6 August 2028. Until then the Holidays Act 2003 rules on this page apply.
Sources: Employment New Zealand, Sick leave, Taking sick leave, Managing sick leave, Taking bereavement leave and News and updates. Checked October 2026. General information, not legal advice.