What NZ Employers Can Do When Sick Days Are Misused
If there’s one blog we’ve written that really struck a chord with small business owners, it was “Fake sickie or genuine illness?”—and for good reason. Every winter, as the sniffles start and the sick days roll in, employers across the country find themselves wondering: Is this absence really legit? Or is something else going on?
Sick leave is a vital entitlement, and we need to remember, most employees use it responsibly. But every now and then, a situation crops up that makes you pause. Maybe it’s the timing. Maybe it’s a social media post that doesn’t quite match the story. Maybe it’s just a gut feeling.
So what can you do when you suspect someone’s taking a sick day for reasons that don’t quite stack up?
Why It Matters More in Small Business
In a small team, every absence is felt. When someone calls in sick, the rest of the team often has to pick up the slack. We all manage that when someone is genuinely unwell—but when they’re not? Or you think they may not be? That’s when frustration creeps in. Understandably.
Misused sick leave doesn’t just cost time and money. It chips away at trust. It can create resentment among team members who are doing the right thing. And it can quietly erode the culture you’ve worked hard to build.
What the Law Says (and Doesn’t Say)
Under the Holidays Act 2003, employees in New Zealand are entitled to 10 days of paid sick leave per year after six months of continuous employment. This leave can be used when they’re unwell, injured, or caring for a sick dependent.
You can request a medical certificate if the employee is off for three or more consecutive days—or earlier, if you’re willing to cover the cost. Any request for medical evidence must be made in good faith and in a manner that a fair and reasonable employer could adopt in the circumstances. But here’s the catch: the system is built on trust. There’s no requirement for proof unless you ask for it. However, if an employer has genuine and reasonable grounds to believe sick leave is not being used for its intended purpose, this may justify further enquiry, provided a fair and proper process is followed.
That means employers are often left in a grey area—balancing empathy with accountability. (Can I slip in here, this is one of the things we do a lot of at FixHR – taking the fall for requesting medical certificates from staff who have never been asked to produce one before, or sooner than has ever been expected. This is not an easy tighten-up for most employers, and it’s nice to have someone else to “blame”. At the end of the day, it can be money saved, so we are happy to take the fall for our clients.)
Red Flags to Watch For
While you should never jump to conclusions, there are some common signs that might warrant a closer look:
- Frequent sick days around weekends or public holidays
- Last-minute texts with vague symptoms
- Social media activity that contradicts the story
- A pattern of absences during busy or stressful periods
- Inconsistencies in what’s said to different people
These don’t prove anything on their own—but they can be a prompt to start a conversation. Importantly, patterns alone are not evidence of misconduct and should be explored carefully and without assumption.
What You Can Do (Without Turning Into the Sick Leave Police)
Here’s how we recommend our clients handle potential misuse of sick leave. It’s fair, firm, and legally sound:
1. Set Clear Expectations
Make sure your employment agreements and sick leave policy clearly outline how sick leave works, when a medical certificate is required, and what communication is expected. If you don’t have this in writing, now’s the time. Think about how you would like to be informed that someone is accessing sick leave. You can require a phone call or a time frame if a last-minute text message if that doesn’t work for you.
2. Create a Culture of Openness
When people feel safe and supported, they’re more likely to be honest. If someone’s struggling with burnout, stress, or personal issues, they might be using sick leave as a cover. A supportive conversation could be the start of a better solution.
3. Have the Conversation
If something doesn’t feel right, it’s okay to ask. Keep it respectful and curious, not accusatory. For example: “Hey, I noticed you’ve had a few sick days recently—how are you doing?” This opens the door without putting someone on the defensive. If concerns remain after an initial discussion, and you are considering disciplinary action, you must follow a procedurally fair process consistent with the Employment Relations Act 2000.
4. Document Patterns
If you notice a recurring issue, keep a record. This helps you spot trends and gives you a solid foundation for a conversation, or if you need to take formal steps later. Any formal action must be based on evidence and a fair investigation, not suspicion alone.
5. Get Advice Early
If you’re unsure how to handle a situation, don’t go it alone. A quick chat with an HR advisor (like us!) can save you a lot of stress—and help you stay on the right side of the law.
Final Thought: Trust, But Don’t Ignore Your Instincts
Most employees do the right thing. But when someone doesn’t, it’s okay to address it. You’re not being harsh—you’re protecting your team, your culture, and your business. These are important conversations to have, even though they might feel risky or confrontational. Be prepared, ask open-ended questions, and don’t slide into accusations. Where misuse is substantiated, any outcome must be proportionate and consistent with what a fair and reasonable employer could do in all the circumstances.
Need a Hand?
If you’d like help reviewing your sick leave policy or navigating a tricky situation, let’s talk. At FixHR, we help small businesses across Aotearoa build fair, healthy workplaces—without the drama.
