Notice Required When Casual Employees Call In Sick In New Zealand

When you run a small business, casual staff can be a lifesaver. They help you cover busy periods, handle last-minute demand, and keep labour costs flexible.

But that flexibility cuts both ways. If a casual employee calls in sick right before a shift, you can be left scrambling - especially in hospitality, retail, events, cleaning, construction, or any business where rosters are tight and customer-facing.

So what does the law actually require in New Zealand when it comes to the notice required when casual employees call in sick? Can you insist on a certain amount of notice? Can you ask for proof? And what should you have in writing to protect your business from day one?

Below, we break it down in plain English from an employer’s perspective.

What Counts As A “Casual Employee” In New Zealand?

In NZ, “casual employee” isn’t just a label you can apply because someone works irregular hours. What matters is the real nature of the working relationship.

Generally, a casual employee is someone who:

• Works intermittently or as-needed
• Has no guaranteed hours (or very limited guaranteed hours)
• Accepts work offered from time to time (and may decline it)
• Often has shifts that vary week to week

This is important because sick leave, notice obligations, and disciplinary processes can look different depending on whether someone is genuinely casual, or actually part-time/full-time but being treated as casual in practice.

If you’re unsure whether your “casual” worker is truly casual, it’s worth checking your paperwork and patterns of work. Having a properly drafted Employment Contract makes this much clearer (and reduces the risk of misclassification disputes later).

Why Classification Matters When Someone Calls In Sick

When a casual employee calls in sick, you’re usually dealing with two separate issues:

• Operational impact: coverage, customer service, staffing levels, health and safety.
• Legal obligations: whether they’re entitled to paid sick leave, what notice you can require, and what information you can request.

Getting the basics right upfront helps you respond consistently - and fairly - when the last-minute sick text comes through.

Do Casual Employees Get Sick Leave In NZ?

Yes, casual employees can get sick leave in New Zealand.

Under the Holidays Act 2003, employees become entitled to paid sick leave once they meet the eligibility criteria. In many cases, this includes casual employees - especially if they’ve worked for you regularly over time.

As a practical guide, a casual employee may become eligible for sick leave if they have worked for you for at least 6 months and, during that period, they have:

• Worked an average of at least 10 hours per week, and at least 1 hour every week (or 40 hours every month), or
• Otherwise meet the Holidays Act’s threshold for ongoing employment patterns.

Because eligibility can depend on the pattern of work (not just the job title), it’s a good idea to keep accurate wage and time records and review casual arrangements periodically.

If you want a deeper breakdown on this topic, the practical issues around casual workers leave entitlements are worth understanding early - particularly if you rely heavily on casual staff year-round.

What If They’re Not Eligible For Sick Leave Yet?

If a casual employee isn’t eligible for paid sick leave, they can still be unwell and unable to work. In that case:

• They generally won’t be entitled to paid sick leave under the Holidays Act (yet).
• You should still manage the absence fairly and consistently (for example, applying your call-in procedure and considering health and safety risks).
• You should be careful about adverse treatment that could look like punishment for being sick, especially if there are discrimination or disability-related issues.

This is where having a clear workplace procedure (and training your managers to follow it) becomes crucial.

How Much Notice Is Required When A Casual Employee Calls In Sick?

There isn’t a single fixed number in NZ law that says “casual employees must give X hours’ notice when calling in sick”. Instead, the usual legal and best-practice standard is:

• The employee should notify you as soon as practicable that they’re unable to work.
• Ideally, notification should happen before the shift starts, unless that’s genuinely not possible.

From a small business perspective, this can be frustrating because “as soon as practicable” is flexible - but that’s the point. Someone might wake up at 3am with gastro and message you immediately. Another person might be in urgent care and can’t contact you until later. The law allows for real-life situations.

Can You Set A Notice Requirement In Your Employment Agreement?

Yes - and you usually should.

While you can’t contract out of minimum employment standards, you can set clear expectations around process, including:

• Who they must contact (e.g. the owner, duty manager, or a dedicated phone number)
• How they must contact you (e.g. phone call rather than social media DM)
• When they must contact you (e.g. “at least 2 hours before shift start where possible”)
• What information they should provide (e.g. “you’re unwell and unable to work” and the likely duration)

The key is to keep the requirement reasonable and realistic. If you set a rigid rule like “24 hours’ notice or it’s misconduct,” you may set yourself up for disputes - because genuine illness often can’t be predicted.

What If They Don’t Give Enough Notice?

If a casual employee fails to follow your call-in process (for example, they don’t show up and don’t contact anyone), you can generally treat that as a performance/disciplinary issue - but you should still follow a fair process under the Employment Relations Act 2000.

Practically, that means:

• Investigate what happened (don’t assume they were lying)
• Give them a chance to explain
• Consider whether there was a genuine reason they couldn’t notify you earlier
• Apply consequences consistently (especially across different employees and managers)

It’s also worth separating “not giving enough notice” from “being sick.” You’re usually managing a process failure, not punishing illness.

What Can You Ask For When A Casual Employee Calls In Sick?

As an employer, you can ask for information you reasonably need to manage the absence - but you also need to respect privacy and avoid collecting more health information than necessary.

Can You Require A Medical Certificate?

Under the Holidays Act, you can usually ask for proof of sickness/injury in these common situations:

• If the employee has been sick for 3 or more consecutive calendar days (including weekends and non-working days), you can request a medical certificate.
• You can request proof earlier than 3 days, but if you do, you generally need to pay the employee’s reasonable costs of getting that proof (for example, a doctor’s visit fee).

For casual employees, these rules are most relevant when the employee is entitled to (and is taking) paid sick leave. If a casual employee isn’t entitled to paid sick leave yet, you can still ask them to let you know they’re unfit for work and to keep you updated on expected return-to-work timing, but you should be cautious about demanding medical evidence as a default requirement for short absences.

How Much Detail Can You Ask About Their Illness?

In most cases, you don’t need (and shouldn’t request) a detailed diagnosis. You generally just need to know they’re unfit for work and, if possible, when they expect to return.

Because health information is sensitive personal information, you should handle it carefully and limit access internally. If your business collects and stores employee personal information (including medical certificates), having a fit-for-purpose Privacy Policy and internal handling processes can reduce risk and confusion.

Many small businesses also benefit from setting expectations in workplace policies so managers know what they can ask, what they shouldn’t ask, and where to store documents.

Mental Health Sick Days

If a casual employee says they’re unwell due to mental health (for example, anxiety, panic, burnout), it should generally be treated as illness for sick leave purposes if they’re eligible.

From an operational standpoint, you can still require notice “as soon as practicable” and you can still follow your usual call-in process. The key is responding consistently and avoiding judgment calls about whether the illness is “serious enough”.

This is a common area where employers get stuck, so it helps to have a clear approach to a mental health day in your policies and manager training.

How Should Small Businesses Handle Casual Sick Call-Ins In Practice?

Even when the law doesn’t give a strict number of hours’ notice, you can still run a tight, fair process that protects your roster and reduces disputes.

1) Put A Clear Call-In Process In Writing

Your employment agreement and policies should clearly cover:

• When and how to notify an absence
• Who to contact (and a backup contact)
• What happens if they can’t reach the first contact
• Whether texting is acceptable (and if so, what number)
• When medical evidence may be required
• Your expectations around updates (e.g. if they’re still unwell the next day)

Having this set out in a Workplace policy is one of the simplest ways to reduce “he said/she said” disputes later.

2) Be Consistent Across Your Team

Inconsistent enforcement is where many small businesses run into trouble.

If one employee is allowed to message five minutes before a shift, but another is warned for the same thing, you’re increasing the risk of personal grievances and claims of unfair treatment.

A good approach is to:

• Apply the same call-in rules to everyone (subject to genuine exceptions)
• Document exceptions briefly (e.g. “hospital admission, couldn’t call”) so your records make sense later
• Train duty managers so the response is consistent even when you’re not onsite

3) Track Patterns (But Don’t Jump To Conclusions)

If casual sick call-ins are affecting your operations, it’s reasonable to track patterns like:

• Repeated Monday/Friday absences
• Absences right before public holidays
• Regular last-minute call-ins for peak shifts
• Frequent “no show, no contact” incidents

Tracking isn’t about assuming bad faith - it’s about having objective data if you need to have a performance conversation or reconsider whether a casual arrangement is still working for your business.

4) Remember Health And Safety Still Applies

If someone is genuinely unwell, having them come into work can create real health and safety issues - particularly in food service, healthcare, childcare, or customer-facing roles.

Under the Health and Safety at Work Act 2015, you have duties to take reasonably practicable steps to ensure health and safety at work. Sometimes that means encouraging employees to stay home when sick, and having contingency plans for shift coverage.

5) If You Need To End The Arrangement, Do It Carefully

Casual employment can feel “easy to end,” but you still need to be cautious. Even casual employees can raise grievances if they believe they were treated unfairly, discriminated against, or effectively dismissed without proper process.

If the real issue is repeated failure to follow the call-in procedure (rather than illness itself), focus on:

• Setting expectations clearly
• Warning and documenting where appropriate
• Giving a genuine opportunity to improve

If you’re making changes to shifts or availability because call-ins are frequent, get advice first. Decisions around rosters and ongoing work can become complicated quickly, especially if the “casual” worker is actually working regular hours in practice.

Key Takeaways

• There is no single hard rule in NZ that casual employees must give a specific number of hours’ notice when calling in sick - the practical standard is notifying you as soon as practicable, ideally before the shift starts.
• You can set reasonable, clear notice and communication expectations in your employment agreements and policies (for example, who to contact and by what method), but overly rigid rules can backfire if they don’t account for genuine illness.
• Casual employees can become entitled to paid sick leave under the Holidays Act 2003 depending on how long and how regularly they’ve worked for you.
• You can request medical proof after 3 consecutive calendar days of sickness, and you may request it earlier if you cover the reasonable cost.
• Health information is sensitive - collect only what you need and store it carefully, with clear internal processes.
• The best protection for your business is having a consistent process in writing, training managers to follow it, and documenting issues fairly if patterns emerge.

This article is general information only and not legal advice. If you need advice about your specific situation, get in touch with a lawyer.

If you’d like help setting up a casual employment arrangement properly - including call-in rules, sick leave clauses, and practical workplace policies - Sprintlaw can help. Get in touch on 0800 002 184 or email us at team@sprintlaw.co.nz for a free, no-obligations chat.