The effect of various work patterns
Most employees are entitled to sick leave whether they are full or part-time, permanent or fixed-term employees, providing that they have completed six months’ continuous service.
The Act also provides sick leave entitlements after six months to employees whose employment is not continuous if, during those six months, they have worked for the employer for:
- an average of at least 10 hours per week, including
- at least one hour per week or 40 hours per month.
People on a series of fixed-term agreements, or employees sometimes described as “casual”, would become entitled to sick leave if they met this test.
The payment for sick leave would be made where it is a day that the employee would otherwise have worked and would be made at the employee’s relevant daily pay or average daily pay (if it is not practicable or possible to work out what an employee would have earned on the day, or if the employee’s pay varies within the pay period). The entitlement to sick leave is subject to the same test each 12 months.
If in any year the work pattern does not meet the above test, then no new sick leave entitlement arises. However, the employee may requalify for sick leave on the basis of six months’ service.