Here's a scenario: on the first day of planned four weeks of annual leave, you injure yourself. You have lots of sick leave available. Can you use sick leave instead of annual leave?
ACC have agreed to cover you, and pay your lost wages compensation. Sick leave does cover you if you are injured. Because the accident didn't happen at work, the employer has no obligation to pay out the first week of ACC. If your employer agrees, it would be possible to use your sick leave for the first week, instead of annual leave.
The second week does not involve any paid leave. ACC would cover you while you were injured. Leave covered by ACC does not affect your sick leave or annual leave entitlements. If you recover before the end of your arranged holiday (so no more ACC) then you would use your annual leave as originally planned.
If you become sick during annual leave (not injured and therefore not covered by ACC), you can ask your employer to allow you to take sick leave rather than annual leave. Your employer does not have to agree.
BUT if you fall ill or injure yourself before starting annual leave then the employer must let you use your sick leave instead of annual leave. If you use all your available sick leave, you're also entitled to use annual leave up until you can return to work. But note that employers' cannot force employees' to use their annual leave in this situation. Employees may choose to take leave without pay instead.
To complicate the situation lets add a statutory holiday into your sick leave. That day would be treated as an un-worked statutory holiday and no sick leave would be deducted.
In a nutshell:
If you become sick/injured during annual leave then you may use your sick leave instead - if your employer agrees
If you become sick /injured before your annual leave begins then the employer must let you use your sick leave instead.
ACC doesn't use any leave, but if its work related, the employer pays the first week, if not, employees may use their sick leave for that first week.
If in doubt – seek advice!
This article originally appeared in the Southland Times Work To Rule column. Mary-Jane Thomas is head of Preston Russell's employment law team. Contact her by clicking here
