Your Work and Income After a Serious Diagnosis in New Zealand

A serious diagnosis raises immediate questions about work — what leave you have, what you have to tell your employer, what happens to your income if you can't work. This page covers your rights and options in plain terms. If you'd rather have a plan built around your situation, answer a few questions and we'll build one around you →

What you have to tell your employer — and what you don't

You are not required to disclose your diagnosis. The law doesn't oblige you to tell your employer what condition you have — only that a health situation is affecting your ability to work, if and when you need leave or adjustments.

What you do need to do is let your employer know as soon as practicable when you're taking sick leave. For absences of three or more consecutive calendar days your employer can ask for a medical certificate; for shorter absences, they can only ask for proof if they agree to pay for it.

Deciding what to share is a personal call. Some people find openness helpful; others prefer to keep medical details private. Either is reasonable. If you do share more, put any agreements about leave, reduced hours or adjusted duties in writing — email is fine — so there's a clear record for both sides.

Your sick leave

If you've been working for your employer for six months or more, you're entitled to 10 days' paid sick leave per year. You can carry over up to 10 unused days into the next year, so the maximum you can build up is 20 days. Check your employment agreement — many employers offer more than the legal minimum.

If you run through your sick leave, talk to your employer about options: annual leave can be used, or you may be able to agree on unpaid leave. Unpaid leave isn't automatic — your employer has to agree — but a good-faith conversation is worth having early, before the leave runs out.

Asking for adjustments

Under the Human Rights Act 1993, your employer cannot discriminate against you because of a disability or illness. If your diagnosis affects how you work, you can ask for reasonable adjustments — reduced hours, a phased return, modified duties, working from home, or flexible start and finish times.

Your employer must genuinely consider any request. They're not obliged to create an entirely new role or make changes that would cause serious disruption, but they do have to engage with you in good faith and look at what's workable. Put your request in writing, so both sides have a clear record.

If you need to stop work for a while

When sick leave is exhausted and you're not well enough to return, Work and Income may be able to help — even if you haven't lost your job.

Jobseeker Support is a weekly payment for people who can't work right now because of a health condition but are expected to recover. You'll need a current medical certificate from your doctor, and you'll need to reapply every 26 weeks while you're still unable to work. Apply at workandincome.govt.nz or call 0800 559 009 (Mon–Fri 7am–6pm, Sat 8am–1pm).

Supported Living Payment is for people whose health condition permanently and significantly limits their ability to work. The threshold is higher than Jobseeker Support — call Work and Income to talk through your situation and get proper guidance on which payment fits.

If you're worried about your job

An employer cannot dismiss you simply because you're ill. Any decision to end employment on health grounds must follow a fair process: they must consult you, consider all alternatives (reduced hours, different duties, temporary changes), and give you a reasonable period to recover before any decision is made.

If you're concerned about job security, it's worth getting advice early. Community Law offers free employment law advice at communitylaw.org.nz or call 0800 367 222. Citizens Advice Bureau is another free option at cab.org.nz.

Self-employed or contracting?

Sick leave and employment protections don't apply if you work for yourself. Your options are your own income protection insurance (if you have it), a KiwiSaver serious illness withdrawal (see the main diagnosis guide →), and Work and Income support if your income has dropped enough to qualify.

Keep a simple record

As you take leave, make adjustments, or have conversations with your employer, keep a brief note of dates and what was agreed — even just a few lines in your phone. If anything becomes disputed later, a contemporaneous record is the clearest evidence you have.