We get a lot of inquiries about the rules surrounding medical certificates for work so we thought it would be a good idea to set out our understanding of how it all works.

The rules are very simple:

1. You MUST produce a medical certificate if your boss asks you for one even if it is for one day only. (This changed from three days in 2013)
2. We have to see you - we cannot give you a certificate on the basis of a phone call.
3. You have to pay for the consultation with the doctor.
4. If your boss asks for a certificate on your first or second day of illness then your boss must pay your reasonable costs in obtaining one. This applies no matter how long you end up being off work for. (This is new since 2013)
5. Your boss cannot make you see their own doctor for a medical certificate (they may insist on their own doctor if you are off work for a long time though)

Your boss' right to ask for a certificate and your right to demand that your boss pays for it are guaranteed in law, and cannot be changed by any contract.

So, how do you get paid for your certificate?

All you need to do is ask for a receipt after you pay for your consultation. When you give your boss your certificate, give them the receipt too. If it cost you money to get to the surgery, you can also ask your boss to pay transport costs. Remember that such requests have to be reasonable and reflect the real cost to you. They should repay you (without deducting tax) in your next wages.

Don't forget that you are only entitled to payment if your boss asks for the certificate. This includes any contract clause or notice up anywhere in the workplace that says you have to produce a certificate before your third day of illness.
Illness days are counted as calendar days including the first day off work. This means that days you don't normally work count. If you are off Monday and Wednesday but don't usually work Tuesday, that is three days, not two.

If you have difficulty getting your money back from your boss, try contacting the Department of Labour - they are very helpful and will provide you with free advice. http://www.dol.govt.nz/contact/

Disclaimer - this is our understanding of the law. We advise professional legal representation in any dispute.