ACC
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=26087
Printed Date: 06 May 2025 at 9:25pm
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Topic: ACC
Posted By: minik8e
Subject: ACC
Date Posted: 23 April 2009 at 7:41am
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I wonder if anyone can help me because I'm really confused.
DH had an accident at work yesterday (fell off his digger and smashed his knee) and as a result is having surgery today and will be off work for at least 8-10 weeks. I know ACC doesn't cover the first week when it comes to earnings, but on their website they say this is paid by the employer if it's a work-related injury - is this just paid by the employer, or is it paid by the employer using DH's sick leave??? I really really need to find this out before next week's pay and it's so confusing!!! |
Replies:
Posted By: Kazzle
Date Posted: 23 April 2009 at 7:46am
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as far as i know its paid by the employer and isnt park of DH's sick leave, you can always ring acc and ask them, they will be able to tell you.
and acc only pay 80% of the wages i think ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: minik8e
Date Posted: 23 April 2009 at 7:50am
Thanks Kaz - Yeah I know they only pay 80% of the wages...that's cool, it's the first week that is confusing me...there's so much going on at the moment that I'm starting with something easy to figure out 
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Posted By: lilfatty
Date Posted: 23 April 2009 at 7:59am
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I actually thought it did come out of his sick leave ... so it might pay to check with his employer. ------------- Mummy to Issy (3) and Elias (18 months) I did it .. 41 kgs gone! From flab to fab in under a year  http://www.femininefitness.co.nz/category/blog - LFs weight blog
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Posted By: FreeSpirit
Date Posted: 23 April 2009 at 8:11am
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When my partner recieved an injury, the first week was paid out of his sick leave. It kinda upset me as i means that for the next 6months, I can't ask him to stay home if I'm too sick to look after our daughter. ------------- http://www.babysfirstsite.com"> 
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Posted By: caliandjack
Date Posted: 23 April 2009 at 8:17am
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I thought the same it comes off your sick leave, and as your legal entitlement is 5 days would be why ACC doesn't cover the first week. Depends on what's in his contract. ------------- http://lilypie.com" rel="nofollow">   [/url] Angel June 2012 |
Posted By: minik8e
Date Posted: 23 April 2009 at 8:21am
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Gah, I'll try find his contract...we of course cleaned the room out that had all the papers in to turn it into the nursery so who knows where the box has gone LOL
It's not an issue too much, as he has the sick leave to cover the majority of it, but it would be nice for him to have some left for the future, especially with these two heffalumps arriving...ahhhh well, what doesn't kill ya makes ya stronger I guess I just can't help but laugh really (or I will bawl my eyes out), what fantastic timing...
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Posted By: lilfatty
Date Posted: 23 April 2009 at 8:29am
At least he didnt do it when the babies were due to arrive ... gah imagine having THREE babies to look after  ------------- Mummy to Issy (3) and Elias (18 months) I did it .. 41 kgs gone! From flab to fab in under a year http://www.femininefitness.co.nz/category/blog - LFs weight blog
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Posted By: cuppatea
Date Posted: 23 April 2009 at 8:32am
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I'm not sure about the first 5 days but after that they work the 80% out on the previous 5 weeks so if he's had any time off unpaid that will be taken into account and he would get less. After 5 weeks (if I remember correctly) they take 80% of his earnings over the last 12 months, so again something to bear in mind if he has had time off unpaid.
On the flip side if he has done a lot of overtime recently the 80% may end up being near his normal pay or more. ------------- 
 
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Posted By: minik8e
Date Posted: 23 April 2009 at 8:32am
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LOL very true....he did it right in between really - get married 6.5 weeks ago, have our last holiday last weekend (to the V8s) and get back to work....and do this....and hopefully, maybe, fingers crossed, he'll be back at work just as I finish (on specialist orders)
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Posted By: clover
Date Posted: 23 April 2009 at 8:35am
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I also thought you had to use your sick leave.
I hope your DH is ok Kate! ------------- http://lilypie.com"> 
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Posted By: minik8e
Date Posted: 23 April 2009 at 8:36am
| It's the last 4 weeks cuppatea - so not too bad, no unpaid leave, just lots of annual leave therefore no overtime (for the honeymoon and the V8s)...but in the last 52 weeks he's had quite a bit of overtime, and no unpaid time off at all, thankfully. I'm really grateful for the way his work pays them - anything over 8 hours in a day is classed as overtime (instead of anything over 40 hours a week), and their standard hours are 9 hours a day, so he gets 1 hour overtime per day on a standard work day. |
Posted By: AandCsmum
Date Posted: 23 April 2009 at 8:48am
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No it shouldn't come out of your sick leave. That is totally incorrect for a work related accident.
The employer should pay 80% of average earnings. So if he's earns a set amount each week it will be 80% of this. If he earns overtime or his hours fluctate then he will still get 80% but it will be either averaged over the past 4 weeks, 3 months or 52 weeks. In most payroll systems there will be a separate ACC function to enable employers to do this. If you injury yourself outside work, ie non work accident then you can use your sick leave. Please note what I said about is from my experience with Acepay, but should be similar as to all payroll systems. ------------- Kel http://lilypie.com"> 
A = 01.02.04 & C = 16.01.09 & G = 30.03.12 |
Posted By: AandCsmum
Date Posted: 23 April 2009 at 8:52am
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Kate....completely understand where you are coming from.
This is what happened to us. 8 weeks preg, DH had major accident, got married at 16 weeks preg....hmmm fun times. ------------- Kel http://lilypie.com">
A = 01.02.04 & C = 16.01.09 & G = 30.03.12 |
Posted By: ohanlon82
Date Posted: 23 April 2009 at 9:10am
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ha ha i am just going thru the same thing at the moment Kate with two guys from work.. one work related and one not.
your employer pays the 1st week... normally they use sick leave 1st and then pay the rest at 80% if it is outside work accident the employer does not need to pay anything from the last hour of work you work.. not even sick leave hope this helps ------------- http://lb2f.lilypie.com/TikiPic.php/RPaODBg.jpg |
Posted By: sweetpea
Date Posted: 23 April 2009 at 10:04am
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oh no Kate your poor DH i know how he feels i'm just getting over a knee injury myself thankfully no surgery was needed though. Make sure he does his exercises they are really important for both his recovery and in the future the more often he does them the faster he will recover. You might need to get out a stcik to make sure he does them.
No idea about the payment of one week s was under the assumption that it was sick leave too. |
Posted By: noisybaby
Date Posted: 23 April 2009 at 10:31am
| yeah pretty sure its the sick leave or they can negotiate to use any holiday left owing. It all depends on the employer |
Posted By: minik8e
Date Posted: 23 April 2009 at 10:52am
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He was definitely at work....getting out of his digger to move the truck. Surgery this afternoon.
Gah, so much to think about. |
Posted By: AandCsmum
Date Posted: 23 April 2009 at 12:35pm
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No it is not sick leave, & is definitely not dependant on the employer. It is 80% of their wages. He had the accident while at work in a place where employers have to keep their staff safe. So essential it is their fault they did not put in place things to keep him safe so there fore they pay.
Please ring ACC to clarify. Sick leave is for when you are sick & is used if you have any if you can't go to work. An employer can not make you take sick leave for an accident caused on their work sites. http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM101448.html - First week Payment information Please read, this is straight from the Act ------------- Kel http://lilypie.com">
A = 01.02.04 & C = 16.01.09 & G = 30.03.12 |
Posted By: AandCsmum
Date Posted: 23 April 2009 at 12:38pm
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Was going to say, if your employer has made you take your sick leave for a work place accident, request that they give you those days back. It's not right for them to do that.
If you haven't kept the payslip, you are within your rights to ask to see that week on their payroll system or your file. ------------- Kel http://lilypie.com">
A = 01.02.04 & C = 16.01.09 & G = 30.03.12 |
Posted By: BaAsKa
Date Posted: 23 April 2009 at 5:21pm
yip this is what i was going to say. DH had a accident a few years back where he had to have 11 months off so we went through all this with his work and yes because he payed ACC levies (something like that) his work HAD to pay for it and not use his sick pay....and in saying that it wasnt an accident at work either???.... |
Aliasmum wrote: