Disregarded sick leave: Guidance for principals and teachers

Medical information

You must provide advice from a registered medical practitioner (or, where relevant, a clinical psychologist) who is a specialist in the field of the diagnosis(es) ie not a general practitioner (GP): 

1. Confirming a diagnosis(es) of a sickness for the period of disregarded sick leave sought; and
2. Explaining, in the practitioner’s view, how the diagnosed sickness(es) can be traced directly to the conditions or circumstances under which you are working.

It is important that the medical information clearly specifies the date(s) for which it applies, and that these dates align with the period of disregarded sick leave sought. 

Please note – the Ministry needs to be confident that there is a direct link between your sickness and the conditions or circumstances under which you were working when you fell ill. Depending on the sickness and circumstances in which it occurred, the Ministry may seek a second opinion (at the Ministry’s cost) to assist with assessing your application. This may involve sharing, with your consent, the medical information you have provided with a Ministry appointed specialist or requesting you to attend an appointment with a Ministry appointed specialist. If the Ministry considers this is necessary, a member of the Employment Relations Team will be in touch with you directly.

Examples of illness for which disregarded sick leave is not provided include (but are not limited to):

• Illnesses which are caused by factors outside of work (such as your general state of health, progressive illnesses etc)
• Accidents or illnesses which occur away from the workplace- Injuries which are covered by ACC
• Stress, anxiety or similar symptoms which cannot be attributed to a diagnosed condition

Other information

As the Ministry is not your employer, we do not have direct knowledge of your working conditions and so need to obtain this information from you and from your employer.

You need to:

1. Set out your view of the relevant conditions or circumstances under which you are working, and explain why you think your sickness(es) can be traced directly to those conditions or circumstances.
2. Provide relevant supporting documents. Depending on the conditions or circumstances, supporting documents may include copies of correspondence with your employer, or a statement from your employer. 

If your supporting documents do not include a statement from your employer, then please note that your views will be shared with your employer so that they can express their view on the conditions or circumstances under which you were working. You will be sent a copy of your employer’s response and, if you wish to, can respond.

While in most cases it will be necessary to provide all supporting documents to your employer for their response, if you believe there is good reason not to provide certain information, please state in your email what information should be withheld; along with an explanation as to why you believe the information should be withheld.

If you have suffered a physical or mental injury occurred in the discharge of your duties, you should first apply for cover by the Accident Compensation Corporation (ACC). As disregarded sick leave is only available for a maximum of two years across your career, ACC cover would enable you to be paid 80% of your income while leaving disregarded sick leave available for the future if you were to need it. Additionally, lodging a claim with ACC may also allow you to access rehabilitation, counselling, therapy and other support to help you recover. Your registered medical practitioner or physiotherapist should be able to assist you to lodge an application with ACC.

You will only be eligible to receive disregarded sick leave if cover has been declined by ACC and you will need to provide proof of this (see below).

Medical information

You must provide advice from a registered medical practitioner or physiotherapist: 

1. Confirming a diagnosis(es) of an injury for the period of disregarded sick leave sought; and
2. Explaining, in the practitioner’s view, how the diagnosed injury occurred in the discharge of your duties. 

It is important that the medical information clearly specifies the date(s) for which you have been affected by your injury, and that these dates align with the period of disregarded sick leave sought.

Please note – in the first instance the medical information may be provided from your treating general practitioner. Depending on the injury and circumstances in which it occurred, the Ministry may require you to provide further medical information from a registered medical practitioner who is a specialist in the injury(ies) relied on. If the Ministry considers this is necessary, a member of the Employment Relations Team will be in touch with you directly.

Other information

You must provide:

1. Your own account of how the injury occurred in the discharge of your duties through no fault of your own, with relevant supporting documents. Relevant supporting documents may include a copy of your job description or confirmation from your employer that your injury was suffered in the discharge of your duties, a photo of the scene, health and safety incident report to your employer and/or a statement from a witness. 1. Your own account of how the injury occurred in the discharge of your duties through no fault of your own, with relevant supporting documents. Relevant supporting documents may include a copy of your job description or confirmation from your employer that your injury was suffered in the discharge of your duties, a photo of the scene, health and safety incident report to your employer and/or a statement from a witness. 
2. Proof that no payment has been made to you by the ACC for the injury. This will most likely be a letter from ACC declining cover for the injury.

Depending on the circumstances of your injury, we may require confirmation from your employer that the injury was through no fault of your own.

Medical information

You must provide:

1. Confirmation from a registered medical practitioner that you have been diagnosed with a notifiable disease listed in Part 1 of Schedule 1 of the Health Act 1956(external link) which requires you to be excluded from school for the period of disregarded sick leave sought.

It is important that the medical information clearly specifies the date(s) for which it applies, and that these dates align with the period of disregarded sick leave sought. 

2. You must also either provide:

a. A copy of a written request or direction from a Medical Officer of Health* under the Health Act 1956 to refrain from attending school for a specified period; or

b. The name of a relevant Public Health Order that otherwise requires you to refrain from attending school for a specified period. 

* Please note that that a “Medical Officer of Health” is not a GP. A Medical Officer of Health is a statutory officer designated by the Director-General of Health under the Health Act 1956.

Medical information

You must provide advice from your treating registered medical practitioner, confirming: 

1. That you have contracted hepatitis or tuberculosis; and
2. The period that the registered medical practitioner considers it necessary for you to remain away from school because of the hepatitis or tuberculosis. 

It is important that the medical information clearly specifies the date(s) for which it applies, and that these dates align with the period of disregarded sick leave sought. 

Medical information

You must provide:

1. A letter from a registered medical practitioner confirming your absence is due to war injury or service.  

It is important that the medical information clearly specifies the date(s) for which it applies, and that these dates align with the period of disregarded sick leave sought. 

Other information

You must provide: 

1. Your own account of how the injury occurred in war or is due to war service, with relevant supporting documents. For example, a copy of your service record confirming the injury occurred in war (or other similar information which demonstrates this), health and safety documentation or incident reports.
2. Satisfactory proof of war service for the period of disregarded sick leave sought. For example, a letter from the New Zealand Defence Force or your service record.