Sick Leave Entitlements Explained: Australia's 10 Days vs UK SSP vs US State Laws

Sick leave entitlements differ dramatically between Australia, the UK, and the US — and the differences go beyond the number of days. Australia provides 10 days of paid personal/carer’s leave per year from day one, accruing and accumulating without cap. The UK provides Statutory Sick Pay (SSP) at a flat rate after a 3-day waiting period. The US has no federal paid sick leave mandate, leaving it to individual states and employer policy.

This article breaks down the entitlements, the formulas, and the practical differences across all three jurisdictions.

Key Takeaways

• Australia: 10 days paid personal/carer’s leave per year, accruing from day one with no cap — Fair Work Act 2009.
• UK: Statutory Sick Pay at £116.75 per week (2025/26 rate) for up to 28 weeks, after a 3-day waiting period — GOV.UK.
• US: No federal paid sick leave mandate — 15 states and DC have their own laws as of 2026.
• Eligibility, accrual, and evidence rules vary significantly within each jurisdiction.

Australia: 10 Days Paid Personal/Carer’s Leave

Under the National Employment Standards (NES), full-time employees accrue 10 days of paid personal/carer’s leave per year. This is a single combined entitlement for illness and caring — there is no separate “sick leave” bucket.

Key Features

• Accrues from day one — no qualifying period
• Accumulates without cap — unused leave carries forward indefinitely
• Paid at base rate for ordinary hours
• Evidence required for absences of one day or less (medical certificate or stat dec)
• Part-time accrual: Pro rata against ordinary hours

Calculation

For a full-time employee on a 38-hour week:

10 days × 8 hours = 76 hours of paid sick leave per year

For a part-time employee working 3 days a week:

10 days × 3 days ÷ 5 = 6 days per year (accrued in hours: 6 × 8 = 48 hours)

Accrual During Absence

Personal/carer’s leave does not accrue during a workers’ compensation absence in most Australian states. It does accrue during other forms of leave, including annual leave and long service leave.

UK: Statutory Sick Pay (SSP)

The UK’s sick pay system is fundamentally different from Australia’s. SSP is a flat-rate weekly payment, not an accrued leave balance. It is paid by the employer for up to 28 weeks.

Key Features

• Flat rate: £116.75 per week (2025/26 rate, reviewed annually)
• Waiting period: First 3 days of sickness are unpaid (the “waiting days”)
• Duration: Up to 28 weeks
• Eligibility: Must earn at least the Lower Earnings Limit (£123/week in 2025/26)
• Evidence: Self-certification for 7 days; doctor’s fit note after 7 days

Calculation

For an employee earning £30,000 per year:

• Weekly SSP: £116.75 (flat rate, regardless of actual earnings)
• After 7 days of sickness: Employee receives £116.75/week for up to 28 weeks
• Total maximum SSP: 28 × £116.75 = £3,269

For an employee earning £25,000 per year (£480.77/week):

• Weekly SSP: £116.75 (the flat rate applies)
• This is significantly less than the employee’s normal pay — approximately 24% of the weekly salary

Contractual Sick Pay

Many UK employers provide enhanced sick pay above SSP through their contracts. This can range from full pay for a period (common in the public sector) to a sliding scale. Contractual sick pay is an employer obligation, not a statutory one.

US: State-by-State Patchwork

The US has no federal mandate for paid sick leave. The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave for serious health conditions, but it only applies to employers with 50+ employees and employees with 12+ months of service.

States With Paid Sick Leave Laws (2026)

State	Days per year	Accrual rate	Accrues from
California	5 days (40 hours)	1 hour per 30 hours worked	Day one
New York	5 days (40 hours)	1 hour per 30 hours worked	Day one
Washington	5 days (40 hours)	1 hour per 40 hours worked	Day one
Massachusetts	5 days (40 hours)	1 hour per 30 hours worked	Day one
Connecticut	5 days (40 hours)	1 hour per 40 hours worked	Day one
Oregon	5 days (40 hours)	1 hour per 30 hours worked	Day one
New Jersey	5 days (40 hours)	1 hour per 30 hours worked	Day one
Colorado	6 days (48 hours)	1 hour per 30 hours worked	Day one
Illinois	40 hours	Varies	Day one
Maryland	5 days (40 hours)	1 hour per 30 hours worked	Day one

These are the minimum requirements. Many employers offer more, and some cities (New York City, San Francisco, Seattle) have additional requirements.

States With No Paid Sick Leave Law

The majority of US states — including Texas, Florida, Georgia, Ohio, and Pennsylvania — have no paid sick leave mandate. In these states, sick leave is entirely at the employer’s discretion. An employer who offers no paid sick leave is not violating any state or federal law.

Comparison Table

	Australia	UK	US (state law)
Paid sick leave?	Yes — 10 days/year	Yes — SSP for 28 weeks	Varies by state
Rate of pay	Base rate (full pay)	£116.75/week flat rate	Varies by state
Accrual	From day one	No accrual — paid when sick	From day one (in covered states)
Qualifying period	None	3 waiting days	None (in most states)
Duration	Accumulates without limit	28 weeks max	Varies by state
Evidence	Medical cert or stat dec	Fit note after 7 days	Per employer policy
Carries over?	Yes, indefinitely	No — resets each absence	Varies by state

Worked Example: Same Employee, Three Countries

Sarah earns the equivalent of $75,000 per year. She is off sick for 3 weeks (15 working days).

Australia:

• 10 days of paid personal/carer’s leave available (accrued from previous years if not all used)
• 10 days paid at base rate: 10 × ($75,000 ÷ 260) = $2,884.62
• Remaining 5 days: Covered by accrued leave from previous years (if available), or unpaid

UK:

• 3 waiting days: unpaid
• Weeks 1–3: SSP at £116.75/week × 3 = £350.25
• Sarah’s normal 3-week pay: £75,000 ÷ 52 × 3 = £4,326.92
• SSP covers approximately 8% of her normal pay for that period

US (California):

• 5 days of paid sick leave at base rate: 5 × ($75,000 ÷ 260) = $1,442.31
• Remaining 10 days: Unpaid (unless employer offers more)

Employer Best Practice

Across all three jurisdictions, employers who offer only the legal minimum face the same problem: employees come back before they are well, or avoid reporting illness altogether. Enhancing sick pay above the statutory minimum — even modestly — reduces presenteeism and shortens absence duration.

The evidence from the UK is instructive: employers who offer contractual sick pay above SSP report lower absence rates, faster return to work, and higher employee retention. The cost of enhanced sick pay is typically offset by reduced recruitment and training costs.

How Leave Balance Helps

Leave Balance tracks sick leave entitlements per jurisdiction, calculates accrual and usage automatically, and supports evidence capture (medical certificates, stat decs, fit notes) through its self-service portal. For multi-country employers, the system applies the correct rules per employee — Australian accrual, UK SSP tracking, and US state-specific requirements — in a single platform.