Australian personal/carer’s leave (formerly sick leave) is a National Employment Standard (NES) entitlement under the Fair Work Act 2009 — every full-time employee accrues 10 days of paid personal/carer’s leave per year, which can be used for the employee’s own illness or injury, or to care for a family or household member. Part-time employees accrue leave on a pro-rata basis (2.5 days per quarter). The 10-day entitlement replaced the previous 10-day sick leave and 2-day carer’s leave when the NES came into effect on 1 January 2010.

This guide covers the NES entitlement, how leave accrues and is paid, the medical certificate requirements, the unpaid carer’s leave alternative, and the interaction with Modern Awards.

Key takeaways

Every full-time employee accrues 10 days of paid personal/carer’s leave per year under s.96 Fair Work Act.
Leave accrues at 1/12 of 10 days per month of continuous employment (approximately 0.833 days per month).
Leave can be used for the employee’s own illness or to care for a family or household member (including a spouse, child, parent, grandparent, grandchild, or sibling).
Unused personal/carer’s leave accumulates year to year and is paid out on termination.
The employer can request evidence of the need for leave (e.g. medical certificate) but cannot require a specific form of evidence.

The NES entitlement

Section 96 of the Fair Work Act 2009 is the operative provision:

“For each 12 months of employment with the employer, the employee accumulates 10 days of paid personal/carer’s leave.”

The entitlement is a single combined entitlement — it covers both the employee’s own illness and carer’s leave. There is no separate carer’s leave entitlement under the NES (the 2-day unpaid carer’s leave under s.97 is an additional unpaid entitlement for emergency carer’s leave).

Key details:

Full-time employees: 10 days per 12-month period
Part-time employees: Pro-rata based on ordinary hours (e.g. 2.5 days for a half-time employee working 4 days per week)
Casual employees: No paid personal/carer’s leave, but entitled to 2 days of unpaid carer’s leave per occasion and unpaid compassionate leave under s.97 and s.104

How leave accrues

Personal/carer’s leave accrues progressively throughout the year, not as a lump sum. Under the NES:

Leave accrues at 1/12 of 10 days per month (approximately 0.833 days per month)
Leave accrues from the first day of continuous employment
Leave accumulates year to year — unused leave carries forward indefinitely
There is no cap on the accumulation of personal/carer’s leave

The progressive accrual means that an employee who resigns after 6 months has accrued approximately 5 days of personal/carer’s leave, not 10. The employer must pay out all accrued but untaken personal/carer’s leave on termination.

Using personal/carer’s leave

Personal/carer’s leave can be used for:

The employee’s own illness or injury — the employee is unable to attend work due to illness or injury
Caring for a family or household member — the employee needs to care for a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling who is ill, injured, or has an emergency

The leave can be taken in fractions of a day (e.g. half a day, a few hours) — the employee is not required to take a full day. The employer and employee agree on the duration, subject to the reason for the leave.

Medical certificates and evidence

Under s.107 Fair Work Act, the employer can request evidence that would satisfy a reasonable person that the leave is needed. Common evidence includes:

Medical certificate from a doctor (not limited to a specific type)
Statutory declaration (for carer’s leave, where the employee declares the need to care for a family member)
Other evidence — the Act does not specify a required form; the evidence must be what a reasonable person would accept

Key rules:

The employer cannot require a specific form of evidence (e.g. a specific type of medical certificate)
The employer cannot require the employee to disclose the nature of the illness — only that the illness exists
The employer must not request evidence if the leave is for compassionate leave (s.104) or family and domestic violence leave (s.106)

Unpaid carer’s leave (s.97)

In addition to the 10 days of paid personal/carer’s leave, the NES provides 2 days of unpaid carer’s leave per occasion. This applies when:

The employee has exhausted their paid personal/carer’s leave
The employee needs to care for a family or household member in an emergency

The unpaid carer’s leave is available to both full-time and part-time employees. Casual employees are also entitled to 2 days of unpaid carer’s leave per occasion.

Employer obligations

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

Accrue leave correctly — 10 days per 12-month period for full-time employees, pro-rata for part-time
Pay leave at the base rate — personal/carer’s leave is paid at the employee’s base rate of pay (excluding overtime, bonuses, and commissions)
Record leave accurately — keep records of leave accrued, taken, and paid under s.535 Fair Work Act
Process leave requests reasonably — request evidence only where reasonable, and do not require disclosure of the illness
Pay out accrued leave on termination — at the employee’s base rate of pay
Provide unpaid carer’s leave — allow the 2-day unpaid carer’s leave per occasion under s.97

Common pitfalls

1. Not accruing leave from day one

Leave accrues from the first day of continuous employment. There is no qualifying period. An employee who starts on 1 January has accrued leave by 2 January.

2. Requiring a specific form of medical certificate

The employer can request evidence, but cannot require a specific form. A statutory declaration, a doctor’s certificate, or other reasonable evidence is sufficient.

3. Refusing carer’s leave without evidence

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

4. Not paying out accrued leave on termination

The employer must pay out all accrued but untaken personal/carer’s leave on termination at the employee’s base rate of pay. Failing to do so is a breach of s.96.

5. Confusing personal/carer’s leave with annual leave

Personal/carer’s leave is for illness and carer’s responsibilities. It is a separate entitlement from annual leave. The employer cannot require the employee to use annual leave instead of personal/carer’s leave for illness.

For more Australian context, see our guide to Australian annual leave and Australian carer’s leave.

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A leave management system that accrues personal/carer’s leave correctly, tracks the combined sick and carer’s leave balance, and processes medical certificates without unnecessary bureaucracy keeps your team compliant and your employees supported.

Frequently asked questions

How many days of personal leave do Australian employees get?

Full-time employees accrue 10 days of paid personal/carer’s leave per year under the NES. Part-time employees accrue leave on a pro-rata basis.

Can personal/carer’s leave be used for carer’s responsibilities?

Yes. The 10-day entitlement covers both the employee’s own illness and caring for a family or household member who is ill, injured, or has an emergency.

Does unused personal/carer’s leave expire?

No. Unused personal/carer’s leave accumulates year to year and does not expire under the NES. The accrued leave is paid out on termination.

Can an employer require a medical certificate?

The employer can request evidence that would satisfy a reasonable person that the leave is needed. The employer cannot require a specific form of evidence.

Do casual employees get personal/carer’s leave?

No. Casual employees do not accrue paid personal/carer’s leave. They are entitled to 2 days of unpaid carer’s leave per occasion and unpaid compassionate leave.

Sources

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

Australia Personal Leave: 10 Days Explained (2026)