Can my employer prevent/penalise me for wanting to leave my workplace to pick up a sick child of whom I am a legal guardian?

Question Details: I am the legal guardian of my grandson, and wanted to pick him up and take him to the doctor after he had injured himself in a fall. My employer forbade me to take time off work - he said he had a huge amount of work for me to get on with and it was needed urgently. In reality, there was no extra rush - I sat in the office until end of day and no real work was forthcoming. I have an ongoing issues like this one with my employer - he doesn't threaten me outright, but I am terrified I will be fired. Would he be allowed to fire or penalise me on this basis?

Filed under Employment Law | 1451 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Your employer must not penalise you for wanting to leave AND they should let you leave. You are entitled to sick leave to look after dependents who need your care. If you have used up all your sick leave, you are still entitled to leave work, you just won't get paid for that day.

(As a practical tip: there is not always a legal need for a medical certificate, but if you are going to the doctor it is usually a good idea to ask for a note just in case.)

It sounds like you need some support to resolve issues with your employer. We suggest you visit your local Community Law Centre (click here to find it: www.communitylaw.org.nz) to talk about options. Click here to read about processes like mediation and personal grievances: www.communitylaw.org.nz.

Answered 9 May 2013. The IMPORTANT NOTICE below is part of this answer.

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