Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: My boss told me in my annual review two years ago that because I was an "older woman" he had decided to increase my sick leave entitlement to 15 days. I thought this was very generous, although I was concerned that he viewed me as an "older" woman at just age 46. Each year he tells me in my review that he has decided to allow me to "keep the sick leave entitlement increase for another year" and considers it like a salary increase. How can I get my sick leave entitlement written formally into my contract so he cannot use it this way?
Filed under Employment Law | 1297 View(s)
Community Law Wellington & Hutt Valley
Yes, you could ask to have it written into your contract but you do not need it to be written in for it to be enforceable. The sick leave entitlement is now a term of your employment and will continue to be.
Your employer has agreed to your entitlement to 15 days of sick leave each year, effective from your review last year (or whenever it was first offered). This became part of your employment agreement at that time, whether or not your written contract is formally amended to include it. You can ask that it be recorded in writing as part of your employment agreement, however, if you were to rely on the sick leave entitlement, it couldn't be denied simply because it isn't written. You can find out more about this here: www.communitylaw.org.nz.
Sick leave is a legal right of every employee. You can find out more about sick leave generally here: www.communitylaw.org.nz
Your employer cannot keep 'reviewing' your sick leave entitlement in the way that he seems to be. If he wants to reduce it in the future, he would be altering the terms and conditions of your employment, and he can only do that if you agree to it.
It's concerning that your employer has said that your sick leave entitlement is based on you being an 'older woman'. When an employer treats an employee differently based on their gender and/or age, they may be breaching the Human Rights Act. This could give rise to a claim against your employer on the basis of discrimination. You can find out more about the Human Rights Act here www.communitylaw.org.nz. The Equal Pay Act may also be relevant.
You may want to speak to someone about your situation. You can get more advice from a range of places, for example:
- an employment lawyer (www.lawsociety.org.nz)
- or contact your local Community Law Centre to find out about other local options (www.communitylaw.org.nz)
- for general advice on your employment agreement, the Labour division of the Ministry of Business, Innovation and Employment (www.dol.govt.nz)
- for advice on discrimination, the Human Rights Commission (www.hrc.co.nz).
Answered 5 Mar 2013. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.