Managing Sick Leave During Pregnancy In New Zealand

Pregnancy is a normal part of life - but from an employer’s perspective, it can come with some genuinely tricky workplace situations.

You might have a valued team member who’s pregnant and suddenly needs more time off than usual. You might be unsure whether pregnancy-related absences fall under sick leave, parental leave, or something else entirely. Or you may be trying to keep the business running smoothly while also doing the right thing legally (and ethically) for your employee.

The good news is: with the right approach, you can manage sick leave during pregnancy in a way that’s compliant, fair, and practical for a small business.

Important: This article provides general information for New Zealand employers and isn’t legal advice. If you need guidance for a specific situation, it’s best to get tailored advice.

This guide breaks down what you need to know in New Zealand as an employer - including leave entitlements, medical evidence, discrimination risks, privacy, and best-practice processes.

Is Pregnancy Sick Leave? What Counts As “Sick Leave During Pregnancy”?

Pregnancy itself isn’t an “illness”. But pregnancy-related illness or injury (and conditions that impact a person’s ability to work) can absolutely be covered by sick leave.

In practice, sick leave during pregnancy often includes time off for things like:

• morning sickness (including severe nausea and vomiting)
• fatigue that prevents working safely
• pregnancy-related complications (e.g. bleeding, high blood pressure, gestational diabetes impacts)
• injuries related to pregnancy (e.g. pelvic pain)
• medical conditions worsened by pregnancy
• mental health impacts that affect work capacity (for example, anxiety or depression during pregnancy - handled like any other sick leave situation, noting privacy and medical sensitivity). In some workplaces, this overlaps with how you already manage a Mental Health Day Off Work.

What doesn’t neatly fit under sick leave are routine check-ups that don’t involve illness (like standard antenatal appointments). That said, there are other legal pathways that can apply (more on that below), and many employers choose to take a supportive approach as a matter of policy and retention.

Key point: You shouldn’t require an employee to “prove” that their pregnancy is causing an illness to you personally. If the situation calls for evidence, that’s usually handled via a medical certificate confirming they’re unfit for work (without needing private details).

What Are The Minimum Leave Entitlements You Need To Know?

When you’re managing sick leave during pregnancy, you’re usually dealing with a few different legal frameworks at once. The main ones for employers are:

• Sick leave under the Holidays Act 2003
• Parental leave (including “special leave” for pregnancy-related reasons) under the Parental Leave and Employment Protection Act 1987
• Good faith and fair process obligations under the Employment Relations Act 2000
• Health and safety duties under the Health and Safety at Work Act 2015
• Anti-discrimination obligations under the Human Rights Act 1993

Sick Leave Entitlements (Holidays Act 2003)

In broad terms, an employee becomes entitled to sick leave:

• after 6 months’ continuous employment, and then
• 10 days’ sick leave each year (on each 12-month entitlement anniversary)
• unused sick leave can be carried over, up to a maximum of 20 days (unless the employment agreement provides more)

Sick leave is available if the employee is sick or injured, or if their spouse/partner or a dependent is sick or injured.

Important: pregnancy-related conditions that make someone unfit for work can fall within normal sick leave. You should treat it the same way you would any other illness - consistently, respectfully, and based on evidence where needed.

Special Leave For Pregnancy (Parental Leave And Employment Protection Act 1987)

On top of sick leave, eligible employees can access up to 10 days’ unpaid “special leave” for pregnancy-related reasons (for example, antenatal appointments).

This is separate to sick leave. So even if someone has run out of sick leave, they may still have special leave available (depending on eligibility and circumstances).

Because the details can get technical quickly, it’s worth getting advice if you’re unsure whether an employee qualifies, especially where employment has been short or irregular (for example, casual patterns).

Parental Leave (Planning Ahead)

Parental leave is often managed later in the pregnancy, but from an employer perspective it’s smart to think about it early - because sickness absence can blend into the lead-up period.

Having a clear Parental Leave Policy helps you set expectations, document key dates, and avoid miscommunication (particularly in small teams where resourcing is tight).

Can You Ask For A Medical Certificate? What Evidence Can You Request?

This is one of the most common pain points for employers managing sick leave during pregnancy: you need enough information to run payroll and plan rosters, but you also don’t want to overstep.

Under the Holidays Act, you can generally request proof of sickness or injury:

• if the employee has been away for 3 or more consecutive calendar days (including weekends and non-working days), or
• within the first 3 days if you tell the employee as early as possible that proof will be required, and you agree to pay the employee’s reasonable costs of getting that proof

With pregnancy-related leave, best practice is to keep requests consistent with how you handle other sick leave. If you only request certificates from pregnant employees (but not from others), you can create a discrimination risk.

What Should The Medical Certificate Say?

Typically, a medical certificate only needs to confirm:

• the employee is unfit for work (or fit for selected duties/hours)
• the relevant date range

It generally doesn’t need to disclose the diagnosis or detailed pregnancy information. If you’re storing certificates or any health information, make sure your handling lines up with privacy requirements (more on that below).

Be Careful With “Extra Questions”

It can be tempting to ask things like “What exactly is wrong?” or “Is this really pregnancy-related?” But for employers, those questions can quickly become inappropriate and risky.

As a rule of thumb: request the minimum information needed to manage leave and workplace safety, and keep your communications respectful and neutral.

How Do You Stay Compliant (And Avoid Discrimination Claims) When Managing Pregnancy Absences?

Pregnancy is a protected area under New Zealand discrimination law. That means you need to be especially careful that your decisions aren’t (and don’t look like) unfairly targeted.

Common employer mistakes aren’t usually intentional - they often happen when a workplace is under pressure and trying to “solve” an attendance problem too quickly.

Watch Out For These Common Risk Areas

• Performance management triggered by pregnancy-related absence without considering leave entitlements and medical context
• Changing hours, duties, or role status without agreement (even if you think it’s for operational reasons). If you’re considering changes, get advice early - issues sometimes overlap with topics like Reducing Staff Hours.
• Not renewing shifts / reducing work because the employee is pregnant (this can look like adverse treatment even if framed as “availability”)
• “Casualising” the role to reduce obligations (this is high risk and often unlawful)
• Interview or workplace questions that treat pregnancy as a negative or ask for overly personal information. If you’re not sure what’s allowed, it’s worth reviewing common Illegal Interview Questions as a benchmark for what not to do.

Use A Consistent, Documented Process

If sick leave during pregnancy is frequent or unpredictable, you can still manage it - but you need to do so fairly and in good faith.

That usually means:

• keeping clear records of absences and communications
• checking entitlements carefully before making decisions
• inviting the employee to discuss support options (not interrogating them)
• considering medical input where appropriate

When in doubt, slow down and check your process. Many disputes arise because an employer acted quickly without consulting properly.

What About Health And Safety And Adjustments At Work?

Pregnancy can raise legitimate health and safety issues - especially in physical roles, shift work, hospitality, healthcare, or jobs involving heavy lifting, long periods standing, or exposure to hazards.

Under the Health and Safety at Work Act 2015, you have a duty to ensure, so far as is reasonably practicable, the health and safety of your workers.

In real terms, if a pregnant employee can’t safely do parts of their role, you should consider practical adjustments such as:

• temporary changes to duties (e.g. less heavy lifting)
• additional rest breaks (where reasonable)
• roster changes to avoid unsafe late-night shifts
• temporary alternative duties
• work-from-home arrangements (if the job allows)

Any adjustments should be discussed and agreed where possible. You generally shouldn’t unilaterally change the role unless you have a clear contractual right and you’ve followed a fair consultation process.

This is where a clear Employment Contract and supporting workplace documents become crucial - because they set out how leave, hours, and variations are handled.

When Sick Leave Becomes Long-Term Or Recurrent

Sometimes pregnancy-related illness can become extended (e.g. complications requiring bed rest) or recurrent (e.g. frequent short absences).

In those situations, best practice is to:

• check sick leave and special leave balances regularly
• ask (appropriately) whether the employee can provide updated medical guidance on capacity to work
• consider whether temporary adjustments could reduce absence
• plan resourcing early (without punishing the employee for being unwell)

If you reach a point where the business genuinely can’t sustain the absence, it’s essential to get tailored advice before taking steps like termination. These matters are highly fact-specific and carry elevated risk when pregnancy is involved.

Privacy And Record-Keeping: What Should You Document (And What Should You Avoid)?

When you’re managing sick leave during pregnancy, you’ll inevitably collect some personal information - like leave dates, medical certificates, and possibly capacity notes.

That information needs to be handled carefully under the Privacy Act 2020.

Good Record-Keeping Looks Like This

• recording dates and categories of leave (sick leave, annual leave, unpaid leave, special leave)
• keeping medical certificates securely (restricted access)
• only collecting what you actually need
• limiting internal sharing (e.g. “X is away sick” is usually enough - not the medical reason)

If you’re building out your HR systems, an Employee Privacy Handbook can help you set clear internal rules on confidentiality, access, and storage of employee health information.

What To Avoid

• keeping informal notes about pregnancy complications that aren’t necessary for work purposes
• sharing medical information with managers or co-workers who don’t need it
• pressuring the employee to disclose sensitive details beyond fitness for work

A good practical test is: if the information isn’t needed to manage leave, safety, or payroll, don’t ask for it and don’t store it.

Key Takeaways (And A Practical Employer Checklist)

• Sick leave during pregnancy is usually treated like any other sick leave when pregnancy-related illness or injury makes an employee unfit for work, under the Holidays Act 2003.
• Eligible employees generally receive 10 days’ sick leave per year after 6 months’ employment, and unused sick leave can be carried over up to a maximum of 20 days (unless your agreement provides more).
• Employees may also be entitled to up to 10 days’ unpaid special leave for pregnancy-related reasons under parental leave law, which can cover things like antenatal appointments.
• You can usually request a medical certificate after 3 consecutive calendar days of absence, or within the first 3 days if you notify the employee as early as possible and you pay the reasonable cost of getting the proof.
• Be consistent and careful - pregnancy is a protected characteristic, so managing absences poorly can create discrimination and personal grievance risks.
• Consider health and safety adjustments where pregnancy affects capacity to work safely, and document consultation and agreed changes.
• Handle medical information sensitively and securely under the Privacy Act 2020, and use workplace documents (like an Workplace Policy) to keep your approach consistent.

If you’d like help reviewing your leave processes, updating your employment documents, or navigating a tricky pregnancy-related leave situation, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.