Campaign To Increase Sick Leave Both Timely And Overdue

Monday, 5 October 2020, 8:48 am
Article: Ian Powell

As someone who has been centrally involved in union leadership for over 30 years I have in recent years been increasingly frustrated by the top leadership of the Council of Trade Unions, the peak union body in New Zealand.

While the election of the Labour led government in 2017 presented unions with increased opportunities, its top leadership has underachieved in its advocacy of important issues. There are exceptions where affiliated unions, supported by the CTU, actively and collectively took the initiative such as the impressively ground-breaking pay equity legislation

Underachievement

One example of underachievement is fair pay agreements which should have been in law by now. I don’t buy the NZ First brake argument. Another was being outmanoeuvred by the film industry and Ministry of Business Innovation and Employment over carving out screen-workers from coverage of the Employment Relations Act thereby losing important employee rights and protections. This was particularly grating as the CTU was in a position of strength to simply repeal the infamous 2010 ‘Hobbit law’ and restore these protections (refer https://democracyproject.nz/2020/07/30/ian-powell-film-industry-bosses-get-their-way-with-reformed-hobbit-law/).

The CTU through its top leadership has also been weak on criticising the Labour led government on issues where this would have been justified such as Jacinda Ardern’s refusal to consider taxing currently untaxed earnings (capital gains) while she was Prime Minister.

Overall many in the union movement are disappointed with extent of achievements with a more union friendly government than its predecessor.

Phew

Consequently I was both relieved and delighted when the CTU initiated an assertive campaign for increasing the minimum statutory entitlement paid sick leave from 5 to 10 working days per annum to be delivered by amending the Holidays Act.

The CTU correctly points out that 5 days is simply unrealistic for many employees who end up having to work while sick; ironically not good for productivity especially if other workers are also infected as a result. Five days is both unfair on workers and unwise in terms of productivity.

The fact that both Labour and the Greens have come in behind the CTU’s initiative makes it realistic to assume that an increase to 10 days paid sick leave will come into force sometime in the next parliamentary year. At this stage, the two most likely election outcomes are a Labour-Greens or Labour majority government.

Sick leave for senior doctors in DHBs

An achievement I was proud of when I was in the leadership of the Association of Salaried Medical Specialists was to significantly improve the paid sick leave entitlement for senior doctors and dentists employed by district health boards. From a specified number of days (more than 5 per annum) we negotiated a much more open-ended entitlement of 3 months paid leave at any given time rather than annual.

We successfully argued this on the basis of verifiable data confirming low sick leave usage by senior doctors and dentists (less than their existing entitlement). When the 3 months’ notice of termination requirement was factored in, in effect this provides 6 months sick leave. At the time I used to quip that it was sufficient for a major car accident and a heart attack in the same year.

The need for paid lengthy sick leave continued to be exceptional situations and uncommon. In over 3 decades there has been no evidence of abuse. In fact, it has been the opposite with high levels of presenteeism (working while sick, sometimes even when infectious) due in large part to widespread shortages which successive governments have turned a blind eye to.

Nothing to fear from seizing the moment

Employers with workforces with good job satisfaction have nothing to fear from an increase to the statutory minimum sick leave entitlement. Employers need a health workforce. Those employers who will have cause to fear will be those of an exploitative inclination and those who see employment relations through a narrow lens that doesn’t include the importance of relationships.

Increasing paid sick leave to 10 working days as a minimum legislative entitlement is long overdue. But the CTU’s initiative in light of the Covid-19 pandemic experience has made it even more timely. Bobby Searle of the Black Panthers popularised the slogan ‘seize the time’. The CTU may not have seized the time but it has seized the moment.

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Ian Powell

Otaihanga Second Opinion is a regular health systems blog in New Zealand.

Ian Powell is the editor of the health systems blog 'Otaihanga Second Opinion.' He is also a columnist for New Zealand Doctor, occasional columnist for the Sunday Star Times, and contributor to the Victoria University hosted Democracy Project. For over 30 years , until December 2019, he was the Executive Director of Association of Salaried Medical Specialists, the union representing senior doctors and dentists in New Zealand.

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