Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’ve got staff (even just one employee), sick leave quickly becomes one of those “simple in theory, messy in real life” payroll tasks.
Between part-time hours, roster changes, payroll systems, and medical certificates, it’s easy to get stuck wondering: how is sick leave calculated in NZ, and what should a practical “sick leave calculator” actually be doing?
In this guide, we’ll break down sick leave entitlements in New Zealand in plain English, show you how to calculate sick leave for different working patterns, and flag the common traps that can lead to disputes or compliance issues.
What Is Sick Leave In NZ (And Where Does The Entitlement Come From)?
In New Zealand, sick leave is a minimum legal entitlement under the Holidays Act 2003 for employees who meet the eligibility requirements.
From an employer’s perspective, the key points are:
- Sick leave is expressed as “days” in the Holidays Act (but payroll often needs a fair and consistent way to translate that into hours or part-days where relevant).
- It’s only deducted when the employee would otherwise have worked (this is crucial for rostered staff and part-timers).
- It generally becomes available once eligibility is met, then refreshes annually (rather than accruing pay-period-by-pay-period like annual leave under the minimum rules).
Because sick leave is a minimum entitlement, your Employment Contract and internal policies can be more generous than the Act, but they generally shouldn’t undercut an employee’s legal minimums.
How Many Sick Days Per Year In NZ?
Most eligible employees are entitled to 10 days’ sick leave per year (as a minimum).
Practical note: if you want a quick baseline refresher on the numbers, how many sick days a year is a helpful reference point for the standard entitlement.
When Does An Employee Become Entitled To Sick Leave?
An employee becomes entitled to sick leave after they have:
- Completed 6 months’ current continuous employment with you; or
- Worked for you for 6 months in a way that meets the Act’s “regular employment” test (this can matter for some casual or intermittent working arrangements).
After they become entitled, they get 10 days sick leave. Then, after each following 12 months of employment, they get another 10 days.
Can Sick Leave Carry Over?
Yes. Any unused sick leave can be carried over to the next year, but there’s a cap under the minimum rules:
- Up to 20 days can be carried over.
This means your sick leave “calculator” needs to keep track of:
- What’s been used;
- What’s currently available; and
- Whether any unused days are being carried forward (and whether you’re hitting the 20-day cap).
What Should A Sick Leave Calculator Actually Calculate?
When business owners search “sick leave calculator”, they’re usually trying to answer one of two things:
- How much sick leave does this employee have available? (entitlement/balance)
- How much do I pay them for a sick day? (payment calculation)
In NZ, you need to do both correctly.
1) Calculating The Sick Leave Balance (Entitlement)
At a minimum, your sick leave calculator should track:
- Eligibility date (usually 6 months from start date, but check the arrangement)
- Entitlement date (the date sick leave is “granted”)
- Annual refresh date (12 months after entitlement date, then annually)
- Days used (only where the employee would otherwise have worked)
- Days available (current balance)
- Carryover (up to the cap)
Important: the statutory entitlement is set in “days”. If you track sick leave in hours (for payroll convenience or to allow part-days), make sure your conversion method is consistent, transparent, and doesn’t disadvantage employees with longer shifts or irregular patterns.
2) Calculating Sick Leave Pay (The Dollar Amount)
Pay for sick leave is where many employers get caught out.
Under the Holidays Act, employees are generally paid for sick leave at the rate they would have received had they worked that day. The Act uses concepts like:
- Relevant Daily Pay (RDP) (what they would have earned on the day); or
- Average Daily Pay (ADP) (used where RDP is not possible or not practical).
In plain terms:
- If the employee’s pay is consistent and you can work out what they would’ve earned that day, you usually use RDP.
- If the pay varies and you can’t practically determine what they would have earned on that specific day, you may need to use ADP.
This matters for staff on:
- Variable rosters
- Commission structures
- Shift allowances
- Mixed duties or mixed rates
Getting this wrong can create wage arrears and disputes - so it’s worth building a clear approach into your Workplace Policy and payroll procedures.
How To Calculate Sick Leave NZ: A Step-By-Step Method For Employers
Here’s a practical way to think about a “sick leave calculator NZ” process, step-by-step.
Step 1: Confirm The Employee’s Eligibility
Before you deduct anything from a sick leave balance, confirm whether the employee is entitled yet.
- If they haven’t reached eligibility, they won’t have a statutory paid sick leave entitlement yet - but you can still agree to other arrangements (for example, leave without pay, annual leave if requested, or paid leave in advance if your employment agreement/policy allows it).
- If you provide sick leave in advance as a policy choice, document how it works so there’s no confusion later.
Step 2: Confirm Whether The Day Is An “Otherwise Working Day”
This is one of the biggest calculation issues.
You should only deduct sick leave where the employee:
- Was rostered to work; or
- Would normally have worked that day (based on their pattern of work); or
- Would reasonably have been expected to work that day.
If it’s not an otherwise working day, you generally shouldn’t deduct a sick leave day (even if they’re unwell).
Step 3: Deduct The Correct Sick Leave “Day” Amount
Many businesses deduct sick leave in whole days, but it’s also common to allow:
- Part-day sick leave (tracked as hours)
- Using sick leave for appointments (e.g. a few hours off)
The Holidays Act frames the minimum entitlement in “days”, but employers often record sick leave in hours to reflect actual time off. If you do this, make sure the approach is consistent across employees and doesn’t effectively reduce someone’s entitlement simply because they work longer shifts or different rosters.
Step 4: Calculate The Sick Leave Pay Amount (RDP vs ADP)
Ask: what would the employee have been paid if they worked that day?
Depending on the employee, this might include:
- Ordinary hourly rate or salary
- Shift allowances or other payments that would have applied on that day
- Overtime only if the employee would have worked it and it’s not merely occasional or discretionary
If you can’t reliably calculate what they would have earned that day (because pay varies too much, or the information isn’t practical to determine), you may need to use an average daily pay calculation.
If you’re unsure, it’s worth getting advice early - payroll errors can be surprisingly expensive to unwind later.
Step 5: Update Records And Keep Good Paper Trails
Whatever system you use (spreadsheet, payroll software, outsourced payroll), your records should be clear enough that you can show:
- When sick leave entitlement was granted
- What was deducted and why
- How the pay amount was calculated
- Whether medical evidence was requested (and on what basis)
This is especially important if a disagreement arises, or if you ever need to justify payroll decisions in a workplace process.
Common Sick Leave Scenarios (Part-Time, Casual, Surgery, Mental Health Days)
Most sick leave issues don’t come from the “standard” situation - they come from real-world grey areas. Here are some scenarios small business owners regularly face.
Part-Time Employees: Do They Get 10 Days Too?
Yes. Eligible part-time employees are also entitled to the minimum 10 days’ sick leave per year.
But the impact of that entitlement depends on their working pattern, because sick leave is only used when they would otherwise be working.
Example:
- Your employee works Monday and Tuesday each week.
- They take Monday off sick.
- You deduct 1 day sick leave.
- If they’re sick on a Friday (and never work Fridays), you generally wouldn’t deduct sick leave.
Casual Employees: Do They Get Sick Leave?
Some casual employees will become entitled to sick leave if their work pattern meets the Holidays Act criteria over time (for example, if they end up working in a regular and ongoing way even if the contract label says “casual”).
Because “casual” can mean different things in practice, it’s worth ensuring your contracts and working arrangements match reality. If you employ casual staff, casual workers leave entitlements is a useful starting point for understanding the broader leave picture.
Sick Leave For Surgery NZ: Can Employees Use Sick Leave For Operations?
Generally, yes - sick leave can cover a period where an employee is unable to work because they’re sick or injured, which can include surgery and recovery time.
From an employer’s perspective, the practical questions are usually:
- How long will they be away (and how will you cover shifts)?
- What evidence can you request?
- What happens when sick leave runs out?
If sick leave is exhausted, the employee may request other leave (like annual leave), take leave without pay by agreement, or you may need to discuss temporary adjustments. Be careful making changes to hours or duties without following a fair process - if you’re considering roster or hours changes, reducing staff hours highlights why process and documentation matter.
Mental Health Days: Can Sick Leave Cover Them?
In NZ, sick leave isn’t limited to physical illness. Many workplaces treat mental health as part of health, and time off due to mental wellbeing can fall within sick leave in appropriate circumstances.
It’s still a good idea to have clear expectations and a supportive approach documented in your policies. If this comes up in your workplace, mental health day off work explains the issue in a practical way for employers.
Medical Certificates, Proof, And Privacy: What Employers Can (And Can’t) Do
As an employer, you can usually ask for proof that an employee is sick or injured - but there are rules around when and how you do it.
When Can You Ask For A Medical Certificate?
Often, employers can request proof if the employee has been away for 3 or more consecutive calendar days.
You can sometimes request proof earlier (for example, on day 1 or day 2), but if you do, you may need to pay the employee’s reasonable costs of getting that proof.
Because these details can be fact-specific, it’s worth setting expectations clearly in your employment documentation and consistently applying the same standard across staff.
Do You Need To Know The Diagnosis?
Usually, no. As a general rule, you’re entitled to confirmation that they’re not fit for work, not their entire medical history.
Where you do need to collect health information (for example, fitness for duties or return-to-work planning), make sure you’re handling it carefully and only collecting what you truly need.
Health information is sensitive. If your business stores employee health details, having a robust Privacy Policy and internal privacy practices in place helps you meet expectations under the Privacy Act 2020.
When Would A Medical Consent Form Be Relevant?
Sometimes employers want to speak directly with a medical professional (for example, in complex return-to-work scenarios). You should be cautious here - you generally need the employee’s informed consent.
Depending on the situation, a medical release consent form can help document consent clearly (and keep boundaries appropriate).
Key Takeaways
- A “sick leave calculator” for NZ employers needs to cover both entitlement/balance (days available) and payment (what you pay for a sick day).
- Most eligible employees are entitled to 10 days’ sick leave per year after 6 months, with unused sick leave carrying over to a maximum of 20 days.
- Sick leave should generally only be deducted when the absence falls on an otherwise working day (which is especially important for part-time and rostered staff).
- Pay for sick leave is based on what the employee would have earned on the day (often Relevant Daily Pay), or an average approach where day-by-day calculation isn’t practical.
- Casual and irregular staff can still become entitled to sick leave depending on their actual work pattern, so your contracts and payroll settings should reflect reality.
- You can request medical proof in certain situations, but you should avoid collecting unnecessary health details and make sure you handle sensitive information in line with the Privacy Act 2020.
- Clear documentation (contracts, policies, and consistent payroll records) helps prevent disputes and protects your business from day one.
If you’d like help tightening up your sick leave processes, updating your employment documents, or making sure your business is compliant with the Holidays Act 2003, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
Document employment compliance
When should NZ employers get documents reviewed?
Leave, safety and worker-status questions can quickly become compliance issues if contracts, policies and payroll settings do not match the law.







