Sick Leave, Weekends, Medical Certificates

**Midavalo** · 23-02-2012, 07:52 AM

Hi all

I'm wanting to find some clarification around the law regarding taking sick leave and being asked for a medical certificate (and how weekends affect that). If I take sick leave on a Friday and then on a Monday (and have the weekend in between) I understand that I can be asked for a medical certificate as effectively I've been sick for 4 calendar days (this lines up with the law as I read it).

But what if I take sick leave on Thursday and Friday (then the weekend) and am back at work on Monday? The law doesn't seem to be clear on that, and neither are the guidelines from the Department of Labour:

The three consecutive days can’t be interrupted by a scheduled break. For example, if an employee takes a day’s sick leave on a Tuesday, then has a one-day scheduled break on the Wednesday and another day’s sick leave on Thursday, the employee can be asked to provide proof of the sickness or injury even though the Thursday is only the second day of sick leave.

The three calendar days are not interrupted by a scheduled break. Therefore, an employee taking a day's sick leave on a Friday, then a two-day scheduled weekend break, can be asked to provide proof of the illness or injury if they take another day's sick leave on the Monday, even if that day is only the second day of sick leave.

I'm not interrupting the sick leave with the scheduled break, it just happens to follow the sick leave. My employer obviously sees this differently. But I can't find anything that specifically spells out this situation one way or the other.

Does anyone know of somewhere this is spelled out? Or are there any employment lawyers reading this

I don't mind going to the doctor to get the certificate, I would just rather work paid for it

Cheers,
M.

**wainuitech** · 23-02-2012, 08:07 AM

One thing that is not to clear, you mentioned

I take sick leave on Thursday and Friday (then the weekend) and am back at work on Monday

Are you meant to work on Saturday or Sunday ? If Not, then you only actually had two days off.

**Midavalo** · 23-02-2012, 08:12 AM

Originally Posted by wainuitech

One thing that is not to clear, you mentioned Are you meant to work on Saturday or Sunday ? If Not, then you only actually had two days off.

No I don't work Sat/Sun.

I also think I only had two days off, but work says its technically 4 consecutive days, and therefore they can request a doctors certificate. I'm trying to find whether they're correct or not. And prove it.

Cheers
M.

**gary67** · 23-02-2012, 08:27 AM

Ask the citizens advice people

**paulw** · 23-02-2012, 08:53 AM

I remember when back last century when I worked for the NZ Post office . If you were off sick over a weekend they would count that as 4 sick days as you were paid over a 7 day week period not 5 days..

**dugimodo** · 23-02-2012, 08:58 AM

Also check your employment contract my work can request a doctors certificate for any sick leave according to mine, although it's at the managers discretion and they rarely enforce it. One of my previous employers regarded any monday illness as suspicious and reserved the right to ask for a doctors certificate if they decided to.

Something that bugs me with sick leave (excuse the pun), when you get a bad cold or a case of the flu it can take days to feel better but there's no real need to see a doctor. "Experts" generally say you shouldn't go to work but the hassle of medical certificates and using up all your sick leave means you usually end up working at least a few days while sick. One good cold could easily burn up my years sick leave if I waited until I was over it.

**Midavalo** · 23-02-2012, 09:55 AM

My employment contract doesn't spell it out any clearer unfortunately

I have contact Citizens Advice, waiting to hear back from them. Our HR department has stopped replying to my emails it seems.

**1101** · 23-02-2012, 10:10 AM

lots of info here, yes its 3 CALENDER days.
http://www.acepay.co.nz/faq049.htm

http://www.dol.govt.nz/infozone/myfi...sick-leave.asp

http://www.unite.org.nz/sick_leave
After April 1st 2011 an employer can ask for a certificate even on the first day even without having any reason to believe the illness is faked.
Where a certificate is required before three days the employer - not the worker - must pay or reimburse all reasonable medical costs. This will still be the case after 1st April 2011.

**Gobe1** · 23-02-2012, 10:32 AM

Originally Posted by Midavalo

No I don't work Sat/Sun.

I also think I only had two days off, but work says its technically 4 consecutive days, and therefore they can request a doctors certificate. I'm trying to find whether they're correct or not. And prove it.

Cheers
M.

I would call there bluff on this one, and keep seeking the answers you require from the CAB

EDIT: do you have a history of doing this regularly etc may come in to play. you dont have to tell us this. that is your business

**Bobh** · 23-02-2012, 10:51 AM

Originally Posted by paulw

I remember when back last century when I worked for the NZ Post office . If you were off sick over a weekend they would count that as 4 sick days as you were paid over a 7 day week period not 5 days..

I am sure it was the same situation when I was in the Army. We were on a salary rather than being paid by the hour. We were paid 7 days a week and 24 hours a day meaning that we could be called onto duty at any time. When you took annual leave you only had week days deducted. Weekends and statutory holidays were not deducted. Not sure but sick leave may have followed similar lines.