Do you know the answers to these scenarios around sick leave and employee entitlements?
Q1. An employee who works for you two days a week, has just completed six months service. How much sick leave is he entitled to?
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Q2. An employee is sick on Anzac day. They were supposed to work. Is the day of absence deducted from their sick leave entitlement?
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Q3. Can a casual employee become entitled to paid sick leave?
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Q4. How much sick leave is deducted from an employee’s entitlement if they are sick for a part day?
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Q5. If your employee is sick the day before they take annual leave, and claim they were sick for the first 3 days of their leave, is the absence deducted from sick leave or annual leave?
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Five days. It is irrelevant that the employee works only two days per week. Sick leave entitlement in not pro rated for part time employees.
No. If an employee is sick on a public holiday (and it is an otherwise working day for them), the day is treated as a public holiday.
Possibly. An employee is entitled to sick leave if
•they have six months’ current continuous employment with the same employer, or
•they have worked for the employer for six months for: an average of 10 hours per week, and at least one hour in every week or 40 hours in every month.
The Holidays Act 2003 describes sick leave entitlement in terms of days, and doesn’t divide it into smaller units, such as part days or hours. This means that if an employee works for part of the day and then goes home sick, this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home. However, the employee and employer can agree to describe the entitlement in such terms as hours or part days if this is better for the employee. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave (which would be better for the employee). Payment for this half sick leave day would be half of their relevant daily pay or average daily pay.
If an employee (or their spouse, partner or dependant) falls sick before starting scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave.
If an employee (or their spouse, partner or dependant) falls sick when they have already started a period of annual holidays, they can change the days they are sick to sick leave days rather than annual holidays but only if their employer agrees.
Five days. It is irrelevant that the employee works only two days per week. Sick leave entitlement in not pro rated for part time employees.
No. If an employee is sick on a public holiday (and it is an otherwise working day for them), the day is treated as a public holiday.
Possibly. An employee is entitled to sick leave if
•they have six months’ current continuous employment with the same employer, or
•they have worked for the employer for six months for: an average of 10 hours per week, and at least one hour in every week or 40 hours in every month.
The Holidays Act 2003 describes sick leave entitlement in terms of days, and doesn’t divide it into smaller units, such as part days or hours. This means that if an employee works for part of the day and then goes home sick, this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home. However, the employee and employer can agree to describe the entitlement in such terms as hours or part days if this is better for the employee. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave (which would be better for the employee). Payment for this half sick leave day would be half of their relevant daily pay or average daily pay.
If an employee (or their spouse, partner or dependant) falls sick before starting scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave.
If an employee (or their spouse, partner or dependant) falls sick when they have already started a period of annual holidays, they can change the days they are sick to sick leave days rather than annual holidays but only if their employer agrees.
Five days. It is irrelevant that the employee works only two days per week. Sick leave entitlement in not pro rated for part time employees.
No. If an employee is sick on a public holiday (and it is an otherwise working day for them), the day is treated as a public holiday.
Possibly. An employee is entitled to sick leave if
•they have six months’ current continuous employment with the same employer, or
•they have worked for the employer for six months for: an average of 10 hours per week, and at least one hour in every week or 40 hours in every month.
The Holidays Act 2003 describes sick leave entitlement in terms of days, and doesn’t divide it into smaller units, such as part days or hours. This means that if an employee works for part of the day and then goes home sick, this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home. However, the employee and employer can agree to describe the entitlement in such terms as hours or part days if this is better for the employee. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave (which would be better for the employee). Payment for this half sick leave day would be half of their relevant daily pay or average daily pay.
If an employee (or their spouse, partner or dependant) falls sick before starting scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave.
If an employee (or their spouse, partner or dependant) falls sick when they have already started a period of annual holidays, they can change the days they are sick to sick leave days rather than annual holidays but only if their employer agrees.
Five days. It is irrelevant that the employee works only two days per week. Sick leave entitlement in not pro rated for part time employees.
No. If an employee is sick on a public holiday (and it is an otherwise working day for them), the day is treated as a public holiday.
Possibly. An employee is entitled to sick leave if
•they have six months’ current continuous employment with the same employer, or
•they have worked for the employer for six months for: an average of 10 hours per week, and at least one hour in every week or 40 hours in every month.
The Holidays Act 2003 describes sick leave entitlement in terms of days, and doesn’t divide it into smaller units, such as part days or hours. This means that if an employee works for part of the day and then goes home sick, this may be counted as using a whole day of sick leave, no matter how much of the day the employee has worked before going home. However, the employee and employer can agree to describe the entitlement in such terms as hours or part days if this is better for the employee. For example, if an employee worked a half day then went home sick, their employer could agree to only deduct a half day of sick leave (which would be better for the employee). Payment for this half sick leave day would be half of their relevant daily pay or average daily pay.
If an employee (or their spouse, partner or dependant) falls sick before starting scheduled annual holidays, the employee can take the portion of annual holidays they’re sick for, as sick leave.
If an employee (or their spouse, partner or dependant) falls sick when they have already started a period of annual holidays, they can change the days they are sick to sick leave days rather than annual holidays but only if their employer agrees.
