When can an employee take a sick leave day?
An employee is entitled to a minimum of five days of paid sick leave after completing six months current continuous employment with their employer. These sick leave days can be taken if the employee is sick or injured or the employee's spouse or dependant child or parent is sick or injured. Sick days can only be taken on otherwise working days. In this situation it is important to understand the concept of an otherwise working day.
An otherwise working day means but for the sick day the employee would have worked on that particular day. If an employee would have worked on the day concerned, if they were not sick, then the employee would be entitled to be paid for that day as sick leave (if they had sick leave owing).
If it was not an otherwise working day (for example if the employee was on unpaid leave) then the employee would not be entitled to be paid sick leave. The interplay of sick leave and unpaid leave is different between the interplay of sick and annual leave.
Click here to access our holidays and leave tool.
Click here for information on what happens if you fall sick on a public holiday.
Date Modified: Tuesday, 17 July 2012
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice.State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
