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Employment Relations: Employment agreement builder

Section 8: Holidays & Leave – Sick, Bereavement, Parental & Other

The following collection of clauses deal with leave. The Holidays Act sets out certain minimums with regards to Sick Leave, Bereavement Leave and Parental Leave, though if the employer wishes, he or she may grant terms which are more favourable to the employee.

Another form of leave not shown in this list where there is a minimum legal entitlement is Parental Leave, which you will find in section 11 on the Progress Bar.

Sick Leave as set out in the Holidays Act
 
The Employee shall, after 6 months employment with the Employer, be entitled to 5 days sick leave for each subsequent 12 month period of service. Sick leave can be taken where the Employee is sick or where the employee’s spouse or a person who is dependent on the Employee is sick or injured.

Sick leave entitlements can be accumulated from year to year up to a maximum entitlement of 20 days.
Sick Leave which is more favourable than the Holidays Act
 
This clause is in substitution for and not in addition to the entitlements set out in the Holidays Act...The Employee shall be entitled to days sick leave rather than the 5 days referred to in section 65 of the Holidays Act...
...The Employee may accumulate up to days sick leave from year to year.
Sick Leave for genuinely casual employees
 
The Employee shall be entitled to five days’ sick leave if they have worked for six months at an average of at least 10 hours per week, and at least one hour per week or 40 hours per month...
Unlimited Wellness Entitlement
 
The Employer operates a Wellness policy which entitles the Employee to unlimited paid sick leave and bereavement leave...
I do not require this clause in my agreement.


The Holidays Act gives employers the right to require proof of illness:

  • after three consecutive calendar days’ absence
  • within three consecutive days if the employer has reasonable grounds to suspect the leave is not genuine.

These requirements are subject to various conditions (set out in the Holidays Act) and apply regardless of whether or not the employment agreement contains these requirements.

Medical Certificate Required for Sick Leave
 
Where the Employee has taken sick leave and has been absent from work for at least three consecutive calendar days, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave, at the employee’s cost.

Where the Employee takes sick leave, and the Employer has reasonable cause to suspect that the leave is not genuine, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave within the three consecutive calendar days, at the employer’s cost. The employer will inform the employee as early as possible that such proof will be required.


Bereavement Leave as set out in the Holidays Act
 
The Employee is entitled after 6 months employment to paid bereavement leave of up to three days in relation to the death of their parent, grandparent, sibling, child, grandchild, spouse, or parent of their spouse.

The Employee is entitled to one days paid bereavement leave if the Employer considers the Employee has suffered a bereavement through the death of another person.
Bereavement Leave that is more favourable than the Holidays Act
 
The Employee is entitled to paid leave of days in relation to the death of any person where the death causes the employee to suffer a bereavement.
Bereavement Leave for genuinely casual employees
 
The Employee shall be entitled to bereavement leave of up to three days... if they have worked for six months at an average of at least 10 hours per week, and at least one hour per week or 40 hours per month...
I do not require this clause in my agreement.


Parental Leave
 
The Employee shall be entitled to parental leave in accordance with the Parental Leave and Employment Protection Act 1987.
Additional Entitlements to Parental Leave
 
The Employee shall be entitled to parental leave and payment for parental leave as detailed below:
I do not require this clause in my agreement.
About OER | Department of Labour, May 2006. © The Crown