Australian carer’s leave is part of the combined personal/carer’s leave entitlement under the National Employment Standards (NES) — full-time employees accrue 10 days of paid leave per year that can be used for their own illness or to care for a family or household member, plus an additional 2 days of unpaid carer’s leave per occasion in an emergency. The NES treats sick leave and carer’s leave as a single 10-day entitlement, but the practical application differs depending on whether the leave is for the employee’s own illness or for caring responsibilities.

This guide covers the NES entitlement, the paid and unpaid components, the evidence requirements, and the interaction with Modern Awards and enterprise agreements.

Key takeaways

  • The 10-day paid personal/carer’s leave is a combined entitlement for both the employee’s own illness and caring responsibilities.
  • Unpaid carer’s leave of 2 days per occasion is available when the paid leave is exhausted or in an emergency.
  • Compassionate leave of 2 days per occasion is available when a family or household member has a life-threatening illness or injury, or dies.
  • The leave can be used to care for a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling, or a relative according to Aboriginal or Torres Strait Islander kinship rules.
  • The employer can request evidence but cannot require a specific form.

The NES entitlements

The NES provides three separate but related entitlements:

1. Personal/carer’s leave (s.96)

  • Duration: 10 days per 12-month period
  • Payment: Base rate of pay
  • Use: Employee’s own illness, or caring for a family/household member
  • Accrual: Progressive (1/12 per month)
  • Accumulation: Year to year, paid out on termination

2. Unpaid carer’s leave (s.97)

  • Duration: 2 days per occasion
  • Payment: Unpaid
  • Use: Caring for a family/household member in an emergency
  • Availability: Full-time, part-time, and casual employees
  • Trigger: Emergency need to provide care

3. Compassionate leave (s.104)

  • Duration: 2 days per occasion
  • Payment: Unpaid
  • Use: Family/household member has a life-threatening illness or injury, or dies
  • Availability: Full-time, part-time, and casual employees
  • Trigger: Life-threatening condition or death

Who qualifies as a family or household member?

Under s.106 Fair Work Act, a member of the employee’s family or household includes:

  • Spouse, de facto partner, child, parent, grandparent, grandchild, or sibling
  • A child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner
  • A person related to the employee according to Aboriginal or Torres Strait Islander kinship rules

The definition is broad — it includes any person who lives with the employee as part of the household, regardless of the formal relationship.

Using carer’s leave

Carer’s leave can be used for:

  1. Caring for a sick or injured family member — the employee needs to attend a medical appointment, provide care at home, or accompany the person to hospital
  2. Emergency care — the employee receives a call that a child is sick at school and needs to be collected
  3. Arranging care — the employee needs to organise alternative care for a family member
  4. Attending medical appointments — the employee accompanies a family member to a medical appointment

The leave can be taken in fractions of a day (e.g. half a day, a few hours). The employee and employer agree on the duration, subject to the reason for the leave.

Evidence requirements

The employer can request evidence under s.107 Fair Work Act. For carer’s leave, acceptable evidence includes:

  • Statutory declaration — the employee declares the need to care for a family member
  • Medical certificate — for the family member’s illness or injury
  • Letter from a school or childcare centre — confirming the child’s illness
  • Other evidence — what a reasonable person would accept

The employer cannot require a specific form of evidence. A statutory declaration is generally sufficient for carer’s leave.

Employer obligations

Six core duties apply to Australian carer’s leave management:

  1. Grant paid personal/carer’s leave — 10 days per 12-month period for full-time employees
  2. Grant unpaid carer’s leave — 2 days per occasion in an emergency
  3. Grant compassionate leave — 2 days per occasion for life-threatening illness or death
  4. Pay at the base rate — for paid personal/carer’s leave
  5. Request evidence only where reasonable, and accept any reasonable form
  6. Record leave accurately in the leave management system

Common pitfalls

1. Requiring a medical certificate for the employee themselves

The employer can request evidence for the employee’s own illness, but cannot require a specific form. A statutory declaration or other reasonable evidence is sufficient.

2. Refusing carer’s leave without evidence

The employer can request evidence, but cannot refuse the leave solely because the evidence is in a form the employer prefers. The evidence must satisfy a reasonable person.

3. Confusing carer’s leave with annual leave

Carer’s leave is a separate NES entitlement from annual leave. The employer cannot require the employee to use annual leave instead of carer’s leave for caring responsibilities.

4. Not providing unpaid carer’s leave

Unpaid carer’s leave is available to all employees, including casuals. The employer must provide the 2-day unpaid entitlement per occasion.

5. Not applying Award enhancements

Some Modern Awards provide enhanced carer’s leave entitlements (e.g. additional paid carer’s leave). The employer must check the applicable Award and apply the more generous terms.

For more Australian context, see our guide to Australian personal leave and Australian bereavement leave.

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A leave management system that distinguishes carer’s leave from personal leave, tracks the combined 10-day balance, and manages the unpaid carer’s leave and compassionate leave entitlements keeps your team’s caring responsibilities supported and your compliance intact.

Frequently asked questions

What is carer’s leave in Australia?

Carer’s leave is part of the NES personal/carer’s leave entitlement — 10 days of paid leave per year that can be used for the employee’s own illness or to care for a family or household member. An additional 2 days of unpaid carer’s leave is available per occasion.

Is carer’s leave paid?

The first 10 days are paid at the employee’s base rate of pay. The additional 2 days per occasion are unpaid.

Can casual employees take carer’s leave?

Casual employees are entitled to 2 days of unpaid carer’s leave per occasion. They do not accrue paid personal/carer’s leave.

What evidence is needed for carer’s leave?

The employer can request evidence that would satisfy a reasonable person. A statutory declaration, medical certificate, or letter from a school is generally sufficient.

Can carer’s leave be taken in hours?

Yes. Carer’s leave can be taken in fractions of a day — the employee can take a few hours or half a day as needed.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Carer’s leave entitlements depend on the applicable Modern Award or enterprise agreement — confirm current terms with the Fair Work Ombudsman.