Following the increase of sick leave entitlements in 2021, there has been a recent surge in sick leave and absenteeism in New Zealand. These absences are leading to loss in productivity and decrease in morale for many workplaces, making employers question the integrity of some absences. How do you ensure that your employees feel trusted while making sure no one takes advantage of the sick leave entitlements?
In our best practice guide for employers, we explain the basics of sick leave, necessity of medical certificates, and ways Peninsula can help your business. Please note that the below information is general in nature.
Medical certificates and medical opinions
It is a delicate balance for employers protect the health and safety of their employees whilst also balancing the needs of the business. This can be difficult with high absenteeism and employees on long periods of sick leave.
Employees are entitled to 10 days of sick leave upon six months of continuous employment with the business. Although the odd day here and there to recover from an illness is common, employers may start raising questions if patterns begin to develop.
Requests for medical certificates can be a useful strategy to gain evidence of sickness and ensure it is being used for genuine sickness. Additionally medical certificates will also help an employer meet their health and safety obligations as they can ascertain the employee’s current capabilities and potential length of absence.
Depending on the severity of the illness, injury or the impact to the business, a medical certificate from a general practitioner may not be enough to make an informed decision about the employee’s capabilities and potential to return to work. An employer can look to request a medical opinion from the employee’s specialist doctor or other health professionals to make conclusions about the employee’s fitness for work.
Who pays for the medical certificate?
The cost of getting a medical certificate or medical reports depends on the length of sick leave and when the request is made. When an employer requests an employee to show proof of their illness, the following rules apply:
- Less than three days of absence: the employer must pay for the cost of the medical certificate.
- Three or more consecutive days of absence: the employee must pay for the cost of the medical certificate.
Acceptable proof of illness or injury
A medical certificate will outline if the employee is sick or injured and cannot work, and when they are expected to be fit to return. If the employee is caring for a spouse, partner or dependant; the employee must retrieve a medical certificate to confirm their condition. It is an employer’s duty to keep these medical certificates for record keeping purposes.
An employee may also provide a statutory declaration as proof of their sickness, although this is uncommon.
If an employer asks for proof of sickness or injury, and the employee does not provide this, the employer may withhold sick leave payments.
Health and safety audits
If there is good reason to believe the illness or injury of an employee occurred in the workplace, a further investigation may be needed to identify the cause. These investigations are usually handled by a dedicated WorkSafe New Zealand doctor.
The purpose of these investigations is to find out:
- If an employee has been, or is being exposed to, a hazard.
- The overall level of exposure.
- How much the employee’s health or wellbeing is or has been affected by the exposure.
If the investigation proves that the illness or injury came from the workplace, the employer will need to cooperate with WorkSafe to make sure the incident does not happen again, and penalties may apply depending on the situation.
Build better businesses with Peninsula
Managing sick leave and employee entitlements is complicated, especially for small businesses who don’t have departments or resources. With Peninsula’s tailored services and support, you get 24/7 access to advice, resources, and support that is custom made for your business and industry. Our team will be available any time of the day to answer your questions and queries. Call us on 0800 365 516 to learn more about how Peninsula can help your business.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.