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.