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Sick leave and ACC payments

What an employee is entitled to if they have an accident or injury that is covered by ACC.

If an employee has an accident or injury covered by the Accident Compensation Corporation scheme the following apply:

  • If an employee has a work related or non work related accident and gets weekly compensation, the employer can’t make the employee take time off as sick leave or as annual holidays.
  • If an employee is getting weekly compensation from ACC, the employer doesn’t have to pay the employee.
  • If the period of leave on ACC is more than five days, the employer and employee can agree that the employer will top up the ACC payment from 80 to 100% by using the one day of the employee’s sick leave for every five days’ leave taken.

Non work-related accident

When the employee is taking leave for the first week of a non-work accident, they can use sick leave if they have any.

Work-related accident

  • If an employee has a work-related accident, the employer has to pay “first week compensation” equivalent to 80% of the employees’ earnings and can’t make the employee take the time as sick leave or as annual holidays.
  • If an employee is getting “first week compensation” for a work-related accident, an employer and employee can agree that the employer will top up the first week from 80 to 100% by using one day of the employee’s sick leave for every five days’ leave.

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