Q: The employee contract states that they are employed for 40 hours per week, however the employee completes timesheets, and is paid for any hours worked weekly. These hours fluctuate on a weekly basis and may be more or less than 40 hours. They are always paid for hours worked only and don’t receive any top up to 40 hours if they work less than 40 hours.

The question has been raised on Sick Leave hours to pay the employee. Currently, the employee is paid 8 hours, if they are away sick, as their contract states 40 hours is their usual working hours. However, my client is wanting to know if sick leave should be paid as an average of the actual hours worked, or if they can choose to pay them an average of hours worked.

Can you please direct me on resources that I can take a look at which will cover this scenario, or the answer to this query

A: If the day cannot be define under RDP then ADP must be used.

Here is the link: https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/relevant-and-average-daily-pay/