Sick leave entitlement in New Zealand in 2026: ten days, the rules and what carries over
Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.
New Zealand employees who qualify get 10 days of paid sick leave each year, after 6 months with the same employer, and unused leave can carry over up to 20 days total (Employment New Zealand, sick leave, last modified 7 September 2026, retrieved 9 September 2026). For the wider money side of being off work, see QuoteHub’s off-work-sick guide hub.
What are the main sick leave rules in New Zealand in 2026?
The core numbers are 10 days a year and a 20-day maximum balance, under the current Holidays Act rules that still apply in 2026 (Employment New Zealand, sick leave, last modified 7 September 2026, retrieved 9 September 2026).
| Rule | Current New Zealand position | Source |
|---|---|---|
| Annual entitlement | 10 paid sick days each year | Employment New Zealand, retrieved 9 September 2026 |
| Qualifying period | 6 months with the same employer | Employment New Zealand, retrieved 9 September 2026 |
| Casual or irregular test | Average 10+ hours a week, and at least 1 hour every week or 40 hours every month, over 6 months | Employment New Zealand, retrieved 9 September 2026 |
| Carry-over cap | Up to 20 days total | Employment New Zealand, retrieved 9 September 2026 |
| Part-time treatment | Not pro-rated | Employment New Zealand, retrieved 9 September 2026 |
| Unit of leave | Sick leave is described in whole days, not hours | Employment New Zealand, retrieved 9 September 2026 |
If you want the neighbour questions, start with telling your employer you are sick, how long can you be off work sick and financial help when sick.
What is the new law for sick leave in NZ?
The current New Zealand entitlement is 10 days of paid sick leave a year, and those rules stay in force through 2026 because the Employment Leave Act will not replace the Holidays Act until 6 August 2028 (Employment New Zealand, changes to leave coming in 2028, retrieved 9 September 2026).
The increase to 10 days has already happened. The present rule is no longer a proposal. Employers can offer more than 10 days. Employers cannot give less than 10 days to eligible employees (Employment New Zealand, retrieved 9 September 2026).
What are the rules around sick days?
The main rules are 10 days per year after 6 months, no pro-rating for part-time staff, and carry-over up to 20 days total (Employment New Zealand, retrieved 9 September 2026).
You can use sick leave when you are sick or injured. You can also use it to care for a spouse, partner, dependent child or another dependent person who is sick or injured (Employment New Zealand, retrieved 9 September 2026).
Sick leave is paid only for days that would otherwise be working days. Payment is made in the normal pay cycle using relevant daily pay or average daily pay (Employment New Zealand, retrieved 9 September 2026).
Can your boss say no to sick leave?
Your employer cannot contract out of the 10-day minimum if you qualify, but they can require proof under the published rules and can decline payment if proof was properly requested and you do not provide it without a reasonable excuse (Employment New Zealand, retrieved 9 September 2026).
That does not mean every disagreement is unlawful. The real question is usually whether you had entitlement left, whether it was an otherwise working day, and whether the employer followed the proof rules. For the proof side, see medical certificate rules in NZ.
How long do you have to be employed to get sick leave in NZ?
The usual qualifying period is 6 months of continuous employment with the same employer, or 6 months on an irregular basis that averages 10 or more hours a week and at least 1 hour every week or 40 hours every month (Employment New Zealand, retrieved 9 September 2026).
This means casual workers can qualify. The test is not full-time versus part-time. The test is whether your work pattern meets the published hours threshold over the six-month period (Employment New Zealand, retrieved 9 September 2026).
Can I be fired for taking too much sick leave in NZ?
An employer is not required by law to hold a job open indefinitely, but any medical incapacity process must be fair and reasonable, and it commonly takes weeks to months with meetings and medical information considered (Employment New Zealand, health issues, retrieved 9 September 2026).
A medical incapacity process is not the same as discipline. The employee has done nothing wrong merely by being unwell. If this is your issue, go next to returning to work after illness and how long can you be off work sick.
Does an employer have to pay you sick pay?
An employer must pay eligible sick leave for otherwise working days using relevant daily pay or average daily pay, in the normal pay cycle, and the legal minimum entitlement is 10 days a year once you qualify (Employment New Zealand, retrieved 9 September 2026).
If you are still inside the first six months, there is no statutory paid sick leave entitlement yet. Some employers still choose to pay discretionary leave or let staff use annual leave early. That is an employment agreement or workplace policy question, not a minimum law question (Employment New Zealand, retrieved 9 September 2026).
Qualifying, carry-over and getting paid
How do you qualify for the 10 days?
The key qualifying number is 6 months with the same employer, with a separate test for irregular or casual work patterns (Employment New Zealand, retrieved 9 September 2026).
| Worker type | Qualifying test | Source |
|---|---|---|
| Continuous employee | 6 months continuous employment with the same employer | Employment New Zealand, retrieved 9 September 2026 |
| Irregular or casual employee | 6 months averaging at least 10 hours a week | Employment New Zealand, retrieved 9 September 2026 |
| Irregular or casual employee, frequency test | At least 1 hour every week or 40 hours every month | Employment New Zealand, retrieved 9 September 2026 |
| Part-time employee | 10 days, not pro-rated | Employment New Zealand, retrieved 9 September 2026 |
A common mistake is assuming part-time staff get fewer days. They do not. A worker doing three days a week still gets 10 sick days, not a fraction of 10, if they meet the qualifying test (Employment New Zealand, retrieved 9 September 2026).
If you are self-employed or a contractor, statutory sick leave does not work the same way because you are not an employee. In that case, the more relevant pages are ACC for contractors, self-employed insurance, loss of income insurance and the income protection guide.
How does carry-over work?
The carry-over headline figure is a 20-day maximum balance, which means you can carry forward unused sick leave, but not above that total (Employment New Zealand, retrieved 9 September 2026).
| Scenario | Result | Source |
|---|---|---|
| New annual entitlement added | 10 days | Employment New Zealand, retrieved 9 September 2026 |
| Maximum total after carry-over | 20 days | Employment New Zealand, retrieved 9 September 2026 |
| More generous employer policy | Employer can offer more than 10 days | Employment New Zealand, retrieved 9 September 2026 |
In practice, if you finish a year with unused sick leave, some of it can move into the next year. Once your balance reaches 20 days, extra carry-over stops under the statutory minimum rules. An employer can still choose to be more generous in your contract (Employment New Zealand, retrieved 9 September 2026).
If you are comparing sick leave against private backup, read do I need income protection insurance, income protection waiting periods, income protection claim stories, income protection vs trauma insurance, and try the QuoteHub income protection calculator.
How is sick leave paid?
The main payment rule is that sick leave is paid for an otherwise working day using relevant daily pay or average daily pay, with no separate national dollar amount published because it is based on your normal pay (Employment New Zealand, retrieved 9 September 2026).
If your roster changes, the real issue is whether the day counts as an otherwise working day. Employment New Zealand sets out the payment method, but there is no one national sick pay rate in dollars because wages differ by employee (Employment New Zealand, retrieved 9 September 2026).
Employers can deduct a full day even if you go home sick for only part of a day, unless you have agreed something different such as a half-day deduction. That is because the statutory unit is days, not hours (Employment New Zealand, retrieved 9 September 2026).
What happens if you are sick before you qualify?
Before you reach the 6-month qualifying point, statutory paid sick leave is not yet available under the minimum rules (Employment New Zealand, retrieved 9 September 2026).
You may still have options. Your employer may agree to unpaid leave. Your employer may let you use annual leave if you have it. Your agreement may also be more generous than the legal minimum (Employment New Zealand, retrieved 9 September 2026).
If the illness is longer-term and work stops, the next questions are often income support questions rather than leave questions. See Jobseeker Support NZ, financial help when sick, and ACC vs sickness benefit.
The published weekly Jobseeker Support rate for a single person aged 25+ is $372.55 after tax from 1 April 2026 (Work and Income, Jobseeker Support, retrieved 9 September 2026). The published Supported Living Payment rate for a single person aged 18+ is $424.60 net a week, with a gross income cut-out of $818.00 a week (Work and Income, Supported Living Payment, retrieved 9 September 2026, Work and Income cut-out points, retrieved 9 September 2026).
Proof, appointments and injury at work
What proof can an employer ask for?
The key proof threshold is less than 3 days versus 3 or more days in a row, and the 3 days are calendar days, not just workdays (Employment New Zealand, retrieved 9 September 2026).
| Situation | Who pays for proof | Source |
|---|---|---|
| Sick for less than 3 days, employer asks ASAP | Employer must reimburse the cost | Employment New Zealand, retrieved 9 September 2026 |
| Sick for 3 or more days in a row | Employee pays for proof requested from day 3 onward | Employment New Zealand, retrieved 9 September 2026 |
| Which doctor you use | Employer cannot tell you which doctor or practice to use | Employment New Zealand, retrieved 9 September 2026 |
For the full detail, including current consultation fees that are actually published, go to medical certificate NZ. This page keeps to the entitlement rules only.
Employers usually need confirmation that you are unable to work. They do not need a diagnosis to apply the basic sick leave rules. Health information at work is also covered by the Privacy Act 2020 and the Information Privacy Principles (Employment New Zealand, employee privacy, retrieved 9 September 2026).
Can you use sick leave for appointments or stress?
There is no legal entitlement to extra paid time off for routine doctor or dentist appointments, but sick leave can be used for a non-routine appointment connected to diagnosing or treating an illness or injury (Employment New Zealand, retrieved 9 September 2026).
Employment New Zealand also states that stress leave is not a separate legal entitlement. If work-related stress makes you unwell, the leave used is ordinary sick leave, subject to the same entitlement and proof rules (Employment New Zealand, retrieved 9 September 2026).
If your absence is injury-related rather than illness-related, compare what ACC does not cover, ACC vs private insurance, and ACC weekly compensation explained.
What if you are injured and ACC is involved?
The headline ACC number is 80% of pre-injury average weekly earnings before tax, with weekly compensation generally starting from day 8 after injury (ACC weekly compensation, retrieved 9 September 2026).
If the injury happened at work, the employer pays 80% of usual earnings for the first week. ACC pays from week 2. If the injury did not happen at work, the first week is usually covered by sick leave, other paid leave or unpaid leave if you have no leave available (Employment New Zealand, retrieved 9 September 2026).
If you are on ACC for 5 or more days, employer and employee can agree to top up ACC from 80% to 100% using 1 sick day per 5 ACC days (Employment New Zealand, retrieved 9 September 2026).
The ACC weekly compensation cap is $2,466.20 a week from 1 July 2026 (ACC newsroom, retrieved 9 September 2026). The full-time earner floor is $766.40 a week from 1 April 2026 (ACC newsroom, retrieved 9 September 2026).
For the full comparison, use ACC vs sickness benefit NZ, the ACC hub, ACC payment timing, when ACC payments stop and the ACC gap calculator.
When sick leave isn't enough
What if your sick leave runs out?
Once your paid sick leave balance is gone, the statutory paid entitlement is 0 days until more leave becomes available, unless your contract is more generous (Employment New Zealand, retrieved 9 September 2026).
After that point, the practical options are usually annual leave, unpaid leave, ACC if it is an injury case, or Work and Income support if the condition is affecting your ability to work. Start with financial help when sick, cancer financial support, national travel assistance and paying for non-Pharmac drugs.
If you are trying to protect future income gaps, compare income protection insurance, best income protection insurance NZ, income protection insurance comparison, loss of income insurance NZ, mortgage repayment insurance, and income protection quotes.
What changes in 2028?
The forward-looking date to know is 6 August 2028, when the Employment Leave Act is due to replace the Holidays Act, but the current 10-day sick leave rules still apply in 2026 (Employment New Zealand, changes to leave coming in 2028, retrieved 9 September 2026).
That means your present entitlement question is answered by today’s Employment New Zealand sick leave pages, not by the future Act. This page should be reviewed again as the commencement date gets closer.
The bottom line
In New Zealand in 2026, the statutory minimum is 10 paid sick days a year after 6 months, with carry-over up to 20 days, no pro-rating for part-time staff, and proof rules that change at the 3-day mark (Employment New Zealand, retrieved 9 September 2026, Employment New Zealand, managing sick leave, retrieved 9 September 2026).
If your issue is not just leave but income risk, QuoteHub’s next useful pages are how long can you be off work sick, financial help when sick, the income protection guide, and the income protection calculator.
Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.
Adviser's view
QuoteHub's view is that the single most common error here is assuming sick leave scales with hours worked. It does not. A worker rostered three days a week qualifies for the same ten days as someone working five, once the six-month test is met, and confusing sick leave with a pro-rated entitlement is what causes people to under-claim what they are actually owed.
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Cite this page QuoteHub NZ (2026). Sick Leave Entitlement NZ 2026: 10 Days. www.quotehub.co.nz/guides/off-work-sick/sick-leave-entitlement-nz. Updated 2026-09-09.
References
- Employment New Zealand, Taking sick leave
- Employment New Zealand, Changes to leave coming in 2028
- Employment New Zealand, Managing sick leave
- Employment New Zealand, Health issues and ending employment
- Employment New Zealand, Employee privacy
- ACC, Weekly compensation for employees
- ACC, Changes to ACC client payments from 1 July 2026
- ACC, Changes to client payments from 1 April 2026
- Work and Income, Jobseeker Support
- Work and Income, Supported Living Payment
- Work and Income, Supported Living Payment cut-out points
Explore related pages: Life Insurance, Income Protection, Health Insurance, Trauma Insurance, Guides.