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Accident Compensation Act 2001

Miscellaneous provisions - Special leave for non-work injuries

306: Sick leave may be used when employer not liable for first week compensation

You could also call this:

“You can use sick leave if you're hurt and not paid for the first week”

If you get hurt in a way that’s not related to your job and not from a car accident, you might not get paid for the first week you’re off work. But don’t worry! You can use your sick leave to cover some of this time if you want to.

You have the choice to use any sick leave you haven’t used yet. This sick leave comes from the Holidays Act 2003. You can use it to cover part or all of that first week when you can’t work because of your injury.

This rule is just to make sure everyone understands that using sick leave in this way is okay.

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Part 9 Miscellaneous provisions
Special leave for non-work injuries

306Sick leave may be used when employer not liable for first week compensation

  1. If an employee suffers a personal injury that is not a work-related personal injury and is not a motor vehicle injury described in section 29(2), and the employee is incapacitated, the employee may elect to take any unused sick leave entitlement that the employee may have under subpart 4 of Part 2 of the Holidays Act 2003 and use it in respect of an equivalent part of the first week of incapacity.

  2. This section applies to avoid doubt.

Notes
  • Section 306: substituted, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).
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