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Thread ID: 123403	2012-02-22 18:52:00	Sick Leave, Weekends, Medical Certificates	Midavalo (7253)	PC World Chat

Post ID	Timestamp	Content	User
1260754	2012-02-23 03:33:00	Well, CAB say that my employer has it right... if so then the Dept of Labour guidelines are not clear. It still doesn't make sense to me. Our HR here said the same thing. didnt think of asking them earlier... looks like you are SOOL	Gobe1 (6290)
1260755	2012-02-23 03:37:00	More years ago than I care to remember we had the same scenario at work. The interpretation then was as vague as it is in your case, Midavalo. Maybe they use the same wording as was used back then. Only the archives would be able to clarify that. Our gripe was that if it applied to sick leave then it should also apply to annual leave. Which, of course, it never did. However the Department of Labour interpret it, then it is obvious that good plain English should be used and it should be clearly worded to avoid any misunderstanding.	Marnie (4574)
1260756	2012-02-23 06:13:00	Two things if they are going to count the weekend which you say you don't work, ask them to pay you sick leave for those 2 days (Sat, Sun) and you will provide one and the other thing SWMBO says the law is going to change sometime soon saying you need a Dr cert for any day off sick but that law is not in yet	gary67 (56)
1260757	2012-02-23 06:16:00	Thanks for all the input :) The CAB agrees with what work say (apparently they asked the Employment Relation Authority or somewhere), and so does a lawyer friend of mine. I do think its a bit vague and quite unfair, but I'll live with it I guess. Cheers	Midavalo (7253)
1260758	2012-02-23 07:13:00	I agree with Gary, unless they are paying you for the weekend, then the weekend has naught to do with work. Midavalo, I would be inclined to get clarification from either the labour dept and if no joy there, go see your local MP and put it to them (if they are any good). Having Thursday and Friday off is 2 days, not 3 or 4 days just because it is close to the weekend, 2 days is 2 days, it wouldnt matter if it was a monday or tuesday, its still only 2 days.	Iantech (16386)
1260759	2012-02-23 07:55:00	Ask the citizens advice people and Well, CAB say that my employer has it right . . . if so then the Dept of Labour guidelines are not clear . It still doesn't make sense to me . Don't forget in the main that the CAB are mainly a group of well-meaning lay people, often with little formal training or qualifications . They just know who to contact . (They do a good job, and this should not be construed as any criticism of the CAB) . lots of info here, yes its 3 CALENDER days . . acepay . co . nz/faq049 . htm" target="_blank">www . acepay . co . nz . dol . govt . nz/infozone/myfirstjob/employees/holidays-and-leave/sick-leave . asp" target="_blank">www . dol . govt . nz . unite . org . nz/sick_leave" target="_blank">www . unite . org . nz After April 1st 2011 an employer can ask for a certificate even on the first day even without having any reason to believe the illness is faked . Where a certificate is required before three days the employer - not the worker - must pay or reimburse all reasonable medical costs . This will still be the case after 1st April 2011 . So, what's the issue? If you are sick, there should be no issue . The employer is legally entitled to ask for a certificate - and must pay for it . If you're not sick, regardless of where weekends or stat hols or annual leave etc are involved, then you're the one with a problem . So where's this thread going to? If this doesn't suit, try TradeMe forums - they'll be more sympathetic . :devil	WalOne (4202)
1260760	2012-02-23 08:03:00	Ok, here is my final take on this - after further reading. You had Thurs and Friday off work sick. Your quote from page 1 reads: The three calendar days are not interrupted by a scheduled break. Therefore, an employee taking a day's sick leave on a Friday, then a two-day scheduled weekend break, can be asked to provide proof of the illness or injury if they take another day's sick leave on the Monday, even if that day is only the second day of sick leave. Meaning: that only comes into play IF you took the day off on Monday (which you didnt). Therefore you only took 2 days off sick, the weekend has nothing to do with it as you did not take monday off and the weekend is not one of your normal working days. Now the employer: Special rules apply if the employer requests proof within three consecutive calendar days of the employee taking sick leave. The employer must inform the employee as early as possible that the proof is required, and pay the reasonable expenses in getting proof. Employers are not required to have reasonable grounds to suspect that the sick leave is not genuine before requesting proof within these first three consecutive calendar days. Quote from Labour Dept. website www.dol.govt.nz You only took 2 days off sick, therefore your employer has to pay the reasonable expenses in getting proof (doc. cert.). Plain and clear english. Either your lawyer friend didnt understand you or doesnt know and same with CAB. Tell your boss he has to fork out for the doctors bill, you dont have to. Good luck. Case Closed.	Iantech (16386)
1260761	2012-02-23 08:04:00	So, what's the issue? If you are sick, there should be no issue. The employer is legally entitled to ask for a certificate - and must pay for it. If you're not sick, regardless of where weekends or stat hols or annual leave etc are involved, then you're the one with a problem. So where's this thread going to? If this doesn't suit, try TradeMe forums - they'll be more sympathetic. :devillol the employer doesn't have to pay for it, as according to them I took 4 days (employer only has to pay if I take less than 3). So I have to pay. That is the issue - I don't want to fork out $50 for a piece of paper from a doctor to say that I was sick. I was sick, I told my boss I was happy to get one if he paid. He declined to pay.	Midavalo (7253)
1260762	2012-02-23 08:06:00	I think this is the point of the objection Where a certificate is required before three days the employer - not the worker - must pay If they are claiming it is more than 3 days - employee pays. FWIW I think it is perfectly clear that it is only 2 days off, and if the employer wants the cert (that they are entitled to ask for) they should pay. If the intent of the poorly defined law is to crack down on the long weekend sickies, then they should explicitly list Friday and Monday as days requiring certs, as that is the effect of their interpretation of the current rule.	fred_fish (15241)
1260763	2012-02-23 08:38:00	lol the employer doesn't have to pay for it, as according to them I took 4 days (employer only has to pay if I take less than 3) . So I have to pay . That is the issue - I don't want to fork out $50 for a piece of paper from a doctor to say that I was sick . I was sick, I told my boss I was happy to get one if he paid . He declined to pay . Ahh, I missed that, sorry it starts to fall into place now . As fred-fish says, and I agree: I think it is perfectly clear that it is only 2 days off, and if the employer wants the cert (that they are entitled to ask for) they should pay . Could it be time to start looking for another employer who couldn't be stuffed wasting time and challenging over a paltry $50 . 00?	WalOne (4202)
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