| Can an employee use sick leave for first weeks ACC if their injury is not work related? |
|
Yes, most definately. Injury is specifically included as a purpose of sick leave by Section 62
Section 62
Purpose of this subpart
The purpose of this subpart is to provide all employees with a minimum entitlement to paid leave in the event of their sickness or injury,
or of the sickness, injury, or death of certain other persons.
|
Of more interest however is Section 71(4).
What this subsection says is that if an employee is off on ACC, and thus receiving 80% of their usual wages from either the employer or the ACC, the employer can top up the remaining 20% by using 1 days sick leave for every week topped up.
Section 71 Payment for sick leave and bereavement leave
(1) An employer must pay an employee an amount that is equivalent to the employee's relevant daily pay for each day of sick leave or bereavement leave taken by the employee that would otherwise be a working day for the
employee.
(2) Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 or former Act.
(3) An employer must not require an employee to take as sick leave any time for which the employee is being paid
(a) first week compensation by the employer under section 97 of the
Injury Prevention, Rehabilitation, and Compensation Act 2001 or former Act; or
(b) weekly compensation for a work-related injury within the meaning of that Act or former Act.
(4) However, if an employer pays the difference between the employee's first week compensation or weekly compensation and
ordinary weekly pay , the employer may agree with the employee that he or she may deduct from the employee's current sick leave entitlement 1 day for every 5 whole days that the employer makes that payment.
| | | |