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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14202
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a part-time employee who works 3 days per week 5 hours

Customer Question

I have a part-time employee who works 3 days per week 5 hours each day. She has had some time off sick and to look after her elderly mother and she claims that she is entitled to 5 days sick leave per year and can accrue - is this correct
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The act covering this tithe act covering this says, 63Entitlement to sick leave and bereavement leave(1)An employee is entitled to sick leave and bereavement leave in accordance with this subpart—(a)after the employee has completed 6 months’ current continuous employment with the employer; or(b)if, in the case of an employee to whom subsection (1)(a) does not apply, the employee has, over a period of 6 months, worked for the employer for—(i)at least an average of 10 hours a week during that period; and(ii)no less than 1 hour in every week during that period or no less than 40 hours in every month during that period.(2)Sick leave and bereavement leave must be provided—(a)to an employee to whom subsection (1)(a) applies, for—(i)the 12-month period of continuous employment beginning at the end of the 6-month period specified in that subsection; and(ii)each subsequent 12 months of current continuous employment:(b)to an employee to whom subsection (1)(b) applies, for—(i)the 12-month period of employment beginning at the end of the 6-month period specified in that subsection; and(ii)each subsequent 12-month period of employment as long as the circumstances referred to in subparagraphs (i) and (ii) of that subsection continue to apply.(3)However, an employer and employee may agree that—(a)the employee may take sick leave or bereavement leave in advance; and(b)in the case of sick leave taken in advance, the amount of leave taken is to be deducted from the employee’s entitlement under this section.Compare: 1981 No 15 s 30A(1)
Expert:  Chris The Lawyer replied 1 year ago.
But she can only take 5 days each year which is not able to be accumulated65Sick leave(1)An employee may take sick leave if—(a)the employee is sick or injured; or(b)the employee’s spouse or partner is sick or injured; or(c)a person who depends on the employee for care is sick or injured.(2)An employee is entitled to 5 days’ sick leave for each of the 12-month periods specified in section 63(2).Section 65(1)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

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