68 Proof of sickness or injury

(1)

An employer may require an employee to produce proof of sickness or injury for sick leave taken under section 65 if the sickness or injury that gave rise to the leave is for a period of 3 or more consecutive calendar days, whether or not the days would otherwise be working days for the employee.

(1A)

Despite subsection (1), the employer may require proof of sickness or injury within 3 consecutive calendar days if the employer—

(a)

informs the employee as early as possible that the proof is required; and

(b)

agrees to meet the employee’s reasonable expenses in obtaining the proof.

(2)

Subsection (1) does not prevent an employer and employee from agreeing that the employee will produce proof of sickness or injury for sick leave provided to the employee in addition to the entitlement set out in section 65.

(3)

For the purposes of this section, proof of sickness or injury may include a certificate from a health practitioner that—

(a)

the employee is not fit to attend work because of sickness or injury; or

(b)

the employee cannot attend work—

(i)

because the employee’s spouse or partner is sick or injured:

(ii)

because a person who depends on the employee for care is sick or injured.

(4)

To avoid doubt,—

(a)

this section does not prevent an employer who is otherwise legally authorised to so require, from requiring an employee to establish that there are no relevant health and safety reasons or hygiene reasons that would prevent the employee from working:

(b)

subsection (1) or subsection (1A) does not give the employer the right to require the employee to obtain the proof from a person specified by the employer.

(5)

In this section, health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003.

Section 68(1A): substituted, on 1 April 2011, by section 14(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 68(3): amended, on 31 January 2018, by section 4(1) of the Holidays Amendment Act (No 2) 2016 (2016 No 76).

Section 68(3): amended, on 1 April 2011, by section 14(2) of the Holidays Amendment Act 2010 (2010 No 126).

Section 68(3)(b)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 68(4): substituted, on 22 October 2004, by section 10(2) of the Holidays Amendment Act 2004 (2004 No 85).

Section 68(5): replaced, on 31 January 2018, by section 4(2) of the Holidays Amendment Act (No 2) 2016 (2016 No 76).