Stress leave in New Zealand: is it a thing, and how to take time off

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Sick leave covers stress that makes you unwell

Employment New Zealand says it plainly: stress leave is not an entitlement under the law, although some employers offer it in their policies or employment agreements, so check yours. If stress is making you mentally or physically unwell, you can use sick leave just as you would for any illness or injury. Your employer cannot tell you which doctor to see.

WorkSafe draws a useful line. It says stress is not an illness in itself, but a reaction to risks at work such as heavy workload, low control over the work, or bullying and harassment, and that it can lead to health conditions. That is why the question is whether you are unwell, not whether you are stressed.

Under the Holidays Act 2003, the rules today are:

• When it starts. After 6 months' current continuous employment with your employer, or after 6 months in which you averaged at least 10 hours a week, with at least 1 hour every week or 40 hours every month.
• How much. 10 days for each 12 months after that, whether you are full-time, part-time or casual. It is not pro-rated.
• Carrying over. Unused days carry over, to a maximum of 20 days at any time, unless your employer agrees to more.
• Telling your employer. As early as possible before you are due to start work, or as soon as you can after that.
• Proof. Your employer can ask for a medical certificate once you have been sick for 3 or more consecutive calendar days, at your cost. If they want proof sooner, they must ask as early as possible and pay the reasonable cost.

Our guide to leave in New Zealand covers annual leave, sick leave and the other types in full.

When your sick leave runs out

A long stretch can use up 10 days quickly. Employment New Zealand says that if you have used all your sick leave, you can ask your employer for:

1. Sick leave in advance, taken from next year's entitlement. The Holidays Act allows it by agreement.
2. Annual holidays. These are paid, but using them now means less rest later in the year.
3. Unpaid leave, which keeps your job open without pay.
4. Paid special leave, where your agreement or a workplace policy provides it, or your employer agrees.

Your employer does not have to agree to any of these unless your employment agreement says they will, so ask in writing and keep the reply. The same options apply if you have not yet reached 6 months, when there is no sick leave entitlement at all. Unused sick leave is never paid out when you leave, so it is worth knowing your balance before you need it.

If you are likely to be off for a long time, Employment New Zealand says your employer will need to know roughly how long and whether you will be able to return, and should work with you in a positive and supportive way to find out. The law does not require an employer to keep a job open indefinitely, which is one more reason to keep talking with your employer and your GP rather than going quiet.

Why ACC usually does not cover stress

Many people expect ACC to step in, and for stress it usually does not. Under section 21B of the Accident Compensation Act 2001, a work-related mental injury is covered only when it is caused by a single, sudden event that you experienced, saw or heard directly, close by, and that could reasonably be expected to cause mental injury to people generally. A serious incident at work might meet that test. The Act says an event does not include a gradual process, so stress, burnout or bullying that builds over weeks or months falls outside it.

Two other paths exist. A mental injury that follows a physical injury can be covered as part of that injury, and ACC covers mental injury from some criminal acts. If you think either applies, talk to your GP. For everything else, time off for stress is paid from your sick leave and the options above. Our article on returning to work after an ACC injury covers how a covered claim works.

What your employer must do, and a graded return

Stress is a health and safety matter, not only a personal one. Under the Health and Safety at Work Act 2015, health includes mental health, and a business must ensure, so far as is reasonably practicable, the health and safety of its workers. WorkSafe says businesses need to identify, assess and manage the risks that contribute to stress, and lists measures such as setting achievable demands for the agreed hours, giving people some control over the pace of their work, and providing access to independent counselling. You have a duty too, to take reasonable care of your own health and safety, and telling your employer when the load is not sustainable is part of that.

Coming back can be gradual. Employment New Zealand lists part-time or light duties among the steps an employer can take to help with rehabilitation. A graded return usually means a few weeks of shorter days or fewer responsibilities, built back up to your usual role, with a date to review it. Ask your GP what would help, put what you agree with your manager in writing, including what happens to your pay while your hours are reduced, and check in as it goes. Our article on burnout at work covers the workload conversation and the small changes that last.

In Your Career, the Leave section keeps your annual and sick leave balances from your latest payslip, with every day you take or book, and your 1:1 notes keep what you and your manager agreed, in your own account, encrypted and never shown to an employer.

What changes from 6 August 2028

The Employment Leave Act 2026 replaces the Holidays Act from 6 August 2028, and sick leave moves from days to hours. Under that Act:

• It builds by the hour from the start, at no less than 0.0385 of an hour of sick leave for each standard hour you work, rather than arriving in one block after 6 months.
• It caps at 160 hours, unless your employer agrees to more.
• Leave in advance stays possible if your employer allows it, and unused sick leave is still not paid out when you leave.
• Proof can still be asked for once an illness lasts 3 or more consecutive calendar days.
• Casual hours do not build sick leave.

As arithmetic, someone working 40 standard hours a week for a year builds 2,080 times 0.0385, which is 80.08 hours: about ten 8-hour days, close to today's entitlement but earned as you go. Our article on the Employment Leave Act 2026 changes covers how existing balances convert. Until then, the Holidays Act rules above apply. If you are unsure about your own situation, Employment New Zealand on 0800 20 90 20 can help.

Know your balance before you need it