What do you do if your employee is Sick during or before their planned Annual Leave.

Normally my posts are published on a Friday, but this week something else is happening on Friday...I am walking the Milford Track!! Eekkk  I am quite excited.  I might need that bottle of painkillers after the walk as I am nursing in injured heal at the moment.

Anyway, now to business...

What are the rules about sick leave while your employee is on annual leave?  What are the rules if the employee becomes ill or injured before their period of planned annual leave?

Lets have a look at some of the clauses of the Holidays Act 2003.  The objectives of the clauses outlined below have been released under the Official Information Act.

Section 36 - Employer may allow employee taking annual holidays to take sick leave.

If an employee goes on holiday and falls sick during those holidays, the employer may allow the employee, on agreement, to use sick leave provisions instead of annual holidays.  

This has the effect of preserving the employee’s holiday entitlement so they can rest and recreate when they are well. There is however, no automatic right of the employee to exchange annual holidays for sick leave. 

Section 38 - Sickness, injury or bereavement arising before scheduled annual holidays.

If the employee has booked a period of annual holidays, and becomes sick and remains sick when the annual holidays are due to be taken, the period of those annual holidays during which the employee continues to be sick are treated as sick leave.  Again this has the effect of preserving the annual holidays for the employee to enjoy when they are able to. 

I will post again next week and hopefully have some nice photos to share.  Until then...happy payrolling.