What happens if an employee is on Extended Unpaid Sick Leave?

Extended Unpaid Sick Leave

This may occur when someone suffers a medical event that is not ACC related and is off work for an extended period of time.  In order to qualify, the employee must provide a Medical Certificate covering the period off work, otherwise should be treated as Extended Leave Without Pay.

The points to note are:

  • It is deemed Continuous Employment so all normal leave provisions apply, that is Annual, Family & Sick Leave continue to accrue as normal.
  • As it is unpaid sick and if the day was an otherwise working day, they would get paid for Public Holidays PHT (not worked). It is a paid day not unpaid.  It is not defined in the act but Section 61A, states you cannot be sick on a Public Holiday and they would have worked if they were not sick so they get paid.
  • If the Leave Period spans a Public Holiday, It would be paid as per their agreement (RDP or if that cannot be determined then ADP).
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