Navigating arthritis at work can raise a lot of questions, and you deserve clear, supportive answers. Whether you’ve just been diagnosed or have lived with arthritis for a while, understanding your rights in the workplace is an important part of looking after your wellbeing.
You might be wondering when to tell your employer about your condition, what accommodations you’re entitled to, or whether you can take time off for appointments. It’s natural to want to protect your privacy while also making sure you can do your job safely and comfortably.
This page provides information to help you feel more confident and informed about your legal rights, your employer’s responsibilities, and the support systems available to you. We’ve also included guidance on where to find extra help if you need it, because you don’t have to work through this alone.
The information on this page was supplied by Parry Field Lawyers
When are you obliged to tell your employer that you have arthritis?
The Human Rights Act protects people who have a disability from certain discrimination in the workplace (Section 22). Potential employers should not ask health-related questions of you except where it could genuinely affect your ability to perform the duties of the role, or if it could result in a risk of harm to yourself or others.
Applying for a job
When applying for a job, you have to answer any questions about your health that are relevant to your ability to do your job honestly and accurately. If asked such a question, you are required to disclose a health problem or disability to your employer in two situations:
- If it could cause health and safety problems in the workplace; and/or
- if it could prevent you from suitably performing the responsibilities and duties of the job
You do not have to volunteer any information about relevant health conditions or impairments (including if they might affect your ability to do your job) if you are not asked questions relevant to them.
You are not required to disclose a health problem or disability to a future employer if it does not cause health and safety problems and doesn’t prevent you from suitably performing the responsibilities and duties of the job.
For example:
When applying for a job and in any interview process, you should answer any questions about your condition truthfully and be honest about your condition. If you are dishonest, a job offer could be revoked or, if you have started work, you could be dismissed from the job following a fair consultation process.
Case study
Case study
In Imperial Enterprises Ltd v Attwood (2003), the job application form asked “Do you have any medical problems of any kind?” The employee disclosed that she had a disease that affected her right hip joint, and she had Perthes disease. She did not disclose that she had irritable bowel syndrome (“IBS’), or that she suffered from a pre-cancerous condition called luekoplakia. After months of employment, the employee had a series of medical events in relation to her IBS which related in her being off work for sickness. The employee was dismissed, primarily for her failure to disclose these health problems, however, there was no evidence to suggest these health conditions actually affected her ability from performing the responsibilities of her job, or caused health or safety problems. The employee had a successful personal grievance in the Employment Relations Authority, and was successful again in the Employment Court, when the employer appealed the decision.
Updating your employer
While you are not required to voluntary update your employer about your health conditions, you do have good faith obligations to your employer under the Employment Relations Act 2000, and duties under the Health and Safety at Work Act 2015, to take reasonable care for your own health and safety, and the safety of others.
Your employer has a duty to provide you and others with a safe and healthy workplace. Therefore, your employer should be made aware of any circumstances that might give rise to harm in the workplace, such as your arthritis, if applicable.
If your arthritis has developed or worsened during your employment and it could cause health and safety problems in the workplace, it is recommended you updated update your employer. Additionally, if your condition is preventing you from being able to suitably carry out your duties, not disclosing the information may contribute to a breach of good faith.
Therefore, it is also recommended to advise your employer of your health condition if it is affecting your ability to suitably carry out your duties. You may feel worried or unsure about telling people at work about your arthritis but it can be beneficial. The sooner you talk to your employer about your arthritis, the earlier they can attempt to make reasonable adjustments to your workplace, and the easier it could be for you to manage work alongside your symptoms. Further, you cannot complain or raise a concern about lack of support from your employer at work if you have not advised them that you need support, and why.
If you do discuss this with your employer, explain what would help you to perform your job more efficiently. Over time your needs may change. Communication with your employer is also beneficial as it may prevent them from forming negative assumptions about your arthritis, and its effect on your work. Some examples of requests you could make are asking for an ergonomic or easier to use computer mouse, keyboard, tools, or asking whether you can work alternative duties (if available).
To showcase the importance of transparency about your condition with your employer, we set out the following cases:
To showcase the importance of transparency about your condition with your employer, we set out the following cases:
- In Lawrie v Air Liquide New Zealand Ltd (2013), the Employment Relations Authority found that an employer was justified in dismissing an employee who was absent from work for 62 days in a 13-month period because the employee was not forthcoming with medical information. The employee suffered depression but did not inform the employer of this until 10 months into his employment, and after he had been absent for more than 15 days. Providing medical information about his condition to his employer would have assisted the employer in deciding how to deal with the employee’s absences.
- In FGH v RST (2018), (and reaffirmed by the Employment Court in 2022), the Employment Court found that an employer has an obligation to investigate medical conditions in a disciplinary process (for behaviour and poor performance), where the medical condition may be an underlying condition of the behaviour or poor performance issue. However, this obligation only applies if the employer is aware of the condition, and, as such, the employee must be an active participant in all processes and disclose their condition.
Under the Privacy Act 1993, any personal health information you disclose to your employer for the purposes of, for example, setting up a more comfortable workspace, is protected and must be kept confidential. Your employer must hold that personal information and not use it or disclose it for any purpose other than the one for which it was originally obtained (such as setting up a more comfortable workspace). Your employer should only share your personal health information with your colleagues if you have given express permission, and only if it would not result in an unjustifiable disadvantage to you.
What legal responsibilities does my employer have in relation to my arthritis?
Your employer has legal responsibilities to you under a duty of good faith provisions in the Employment Relations Act 2000, under anti-discrimination provisions in the Human Rights Act 1993, and may have contractual duties to you as set out in your employment agreement.
Your employer has a duty to act towards you in good faith, which means your employer must engage appropriately with you when it comes to your arthritis and how it may impact your ability to work. Your employer must take reasonable steps to support your ability to work, and this might include implementing workspace and occupational assessments. If necessary, your employer should seek and consider any relevant medical information from you and should explain to you any reasons for any inquiries into your condition, including possible outcomes. Your employer should always give you the chance to provide your input and comments before any final decision is made.
Your employer also has obligations to you under the Human Rights Act 1993. The definition of “disability” in the Human Rights Act includes physical disability or impairment, physical illness, and any other loss (or abnormality) of a physiological or anatomical structure or function. Arthritis is a condition that, in many cases, has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. This means that, while you may think of yourself as ill rather than disabled, having a long-term illness that adversely affects daily life may be regarded as a disability for the purposes of anti-discrimination laws.
Under the Human Rights Act, your employer is prohibited from treating you less favourably than others by reason of your arthritis and is obliged to reasonably accommodate your arthritis. This means that, where reasonable, your employer is required to provide special services or facilities that enable you to perform your duties satisfactorily. The Human Rights Act does not specify the special services or facilities an employer must provide. However, depending on your disability, it could include:
- special travel arrangements to and from your place of work
- specially designed chairs, desks or work stations
- a secretary or assistant
- a palliative or therapeutic device
- an auxiliary aid
For people with mild or moderate arthritis, the earlier adjustments in the workplace are made, the easier it will be for them to remain productive.
What amounts to reasonable accommodation depends on a number of factors, including but not limited to:
- your employer’s available resources
- how simple the accommodation is (or isn’t)
- how the accommodation will affect productivity
- how the accommodation will affect other employees
- will the accommodation cause any disruptions
Your employer’s obligation to you will be determined on the merits of your unique situation.
Finally, your employer may have further contractual obligations to you in relation to your arthritis/health set out in your employment agreement. If you employment agreement states they will do something, they have a contractual obligation to fulfil their obligations under your employment agreement.
Case study
Case study
In Atley v Southland District Health Board (2009), the employee’s collective employment agreement stated the employer would “ensure disruption, personal health effects and fatigue associated with shift work are minimised for the group of workers involved”. The Employment Relations Authority found that requiring the employer to accommodate the employee’s disability by limiting their roster to day and afternoon shifts was consistent with that clause in the employees agreement, and it wouldn’t have been an unreasonable disruption for the employer.
Is it reasonable for your employer to accommodate your disability?
There are exceptions in the Human Rights Act to an employer’s duty to accommodate an employee with a disability. Your employer may treat you differently on account of your disability, including potentially terminating your employment following a fair process, if you can only perform the duties of your position satisfactorily with the aid of special services or facilities, and it would not be reasonable to expect your employer to provide those services or facilities.
Every situation is different, and your situation will be considered on its own facts and merits.
Case study
Case study
In Atley v Southland District Health Board (2009) (mentioned above) an emergency department nurse was required to work rostered night shifts. She suffered from bipolar disorder and began to experience difficulties at work. A medical professional confirmed that the employee’s condition was not compatible with working intermittent night shifts, and suggested that a mixture of morning and afternoon shifts instead of night shifts would allow her to continue her work in the emergency department. Several nurses offered to cover her night shifts. The Employment Relations Authority found that limiting the employee’s roster to day and afternoon shifts and having other employees cover her night shift duties, would not be an unreasonable disruption for the employer.
In that situation it was reasonable for the employer to accommodate the employee’s disability. However, if for example, the employer in Atley did not have anyone else to cover the employee’s night shift, the end result may have been different.
Your arthritis could cause harm to yourself or others in the workplace. What rights do you have?
Every employer owes a duty to ensure the safety and health of its employees and to provide a safe working environment. This means that your employer may also treat you differently if your arthritis means you could cause harm yourself or others, and it is not reasonable to take that risk. However, this does not apply if your employer could, without unreasonable disruption, take reasonable measures to reduce any health and safety risk that your arthritis poses to a normal level.
Every situation is different and your circumstances should be considered on its own facts and merits.
For example:
For example:
- In Wilson v Sleepyhead Manufacturing Co Ltd (1992) an employer dismissed an employee who had an epileptic seizure at work. He had had one other seizure at work a few weeks earlier. The seizure took place on the work floor while the machinery was operating. The employer was concerned at the danger to the employee, and to other employees, should he have another seizure without warning, near moving machinery or while working at height. The Employment Tribunal found that the employer’s concern about safety was justified, and that dismissal on notice was within the range of justifiable actions that the employer could have taken.
- In Sommerville v LDK Investments Ltd (Christchurch) (2015) The employee was an administrator for a freight forwarding company; in her interview, the employee said her seizures were usually at night and very seldom during the day. However, she had a seizure within the first month of working, and another one in the following month. The Employment Relations Authority found that the employee had not misled the Employer in her interview, she had acted in good faith, and the Employer did not consider any accommodations, and dismissed the employee without any process. The employee was successful in raising a personal grievance.
- In Lealaogata v Timata Hou Ltd (2013) an employee with severe arthritis of both knees and heart problems was dismissed from employment. The employee’s arthritis prevented him from heavy lifting, any fast activities, walking long distances or going up or downstairs. This lack of mobility made him unable to undertake the essential duties of his job, including tracking and restraining clients (who all had intellectual disabilities). His employer was concerned about his health and wellbeing and the safety of the people he was supporting. The employer considered there was no realistic prospect of any alternative duties being available to the employee. The employer decided to terminate his employment after a fair and extensive process (seven months’ long). The Employment Relations Authority found that the employee’s inability to undertake the full range of duties of his position compromised his own safety and that of his co-workers. The employer could not, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
- In GF v Comptroller of the New Zealand Customs Services (2023) the employer argued (among several other factors) that it dismissed an employee that refused to be vaccinated on the basis that it was taking steps to minimise harm to employees and others. Ultimately, the Employment court found that the Employer had not appropriately engaged with the employee, failed to carry out an adequate health and safety assessment, and breached its duty of good faith, and the employee was found to be unjustifiably dismissed.
Do you have to give your employer a doctor’s certificate as proof of your illness?
An employer may request a medical certificate to prove sickness or injury when you take sick leave.
If your sick leave has been less than 3 days, your employer must inform you as early as possible that the medical certificate is required (this is typically set out in your employment agreement), and pay reasonable expenses in obtaining the certificate. This includes the cost of obtaining the medical certificate, and could include costs such as transport to and from the doctor.
If your sick leave has been for 3 or more consecutive calendar days, your employer can request you provide a medical certificate, and you are responsible for all costs of obtaining one. The distinction of 3 or more consecutive calendar days is important here; if for example you were sick on a Friday, and then come Monday the following week you still had the same sickness, that would mean you had the same sickness for 4 calendar days (Friday, Saturday, Sunday, Monday). This would mean that your employer could request a medical certificate that you are required to pay for, even though you were only on sick leave for 2 working days.
Your employer may withhold payment of wages for the period you were sick, until you provide an appropriate medical certificate if requested by your employer.
There may be additional requirements for proving your health. For example, an employment agreement may require an employee to establish that there are no relevant health or safety reasons that prevent him/her from working. Likewise, if you need accommodations to perform your role, an employer may seek medical information to understand what you need, as part of considering whether they can reasonably accommodate that or not.
You are not required to provide your employer with medical information if they seek it, however if they are not provided with medical information, your employer is entitled to make a decision regarding your employment based on the information available to them.
Can you leave the workplace for doctor’s appointments?
You should endeavour to reach an arrangement with your employer when you need to attend a doctor’s appointment during work hours. You may be able to agree to take the time off as unpaid leave, make up the time later, use annual leave, or in some events, the employer may even agree for you to attend and still pay you as normal.
However, if no agreement can be reached in regard to the above, you may use sick leave to attend medical appointments if you are unable to work due to illness or injury. If you are well enough to work, you can only use sick leave to attend a medical appointment by agreement with your Employer. If no agreement can be reached, you need to schedule appointments for a time outside of your working hours. Your employment agreements may say otherwise, so you should check your employment agreement.
All employees in New Zealand are entitled to 10 days sick leave per year after they’ve worked for six months for one employer. You can carry over 10 days of sick leave per year, up to a maximum of 20 days, and you can use up to 20 days’ sick leave in any one year. Remember this is the minimum entitlement, and you should check the terms of your employment agreement, as it may provide more than this.
Once you have used up all your sick leave and annual leave, your employer is not obliged to provide further leave for medical appointments. However, they are obliged to be reasonable and act fairly towards you. The more information you provide your employer about your medical situation, the more likely they are to be understanding and allow you flexibility to leave the workplace. If you have ongoing and recurrent medical appointments, you might consider approaching your employer about flexible working arrangements, which employers are required to consider.
Further information
• Arthritis NZ
• Ministry of Business, Innovation and Employment
• National Equal Opportunities Network
• Office of the High Commissioner for Human Rights
• A lawyer or employment advocate
Disclaimer
The information provided on this website is a general guide and is necessarily brief in nature. It does not constitute an authoritative description of the law, nor does it replace professional legal advice. You should seek professional advice before taking any action in relation to the matters dealt with on this website.
