In Australia, what most countries call sick leave is termed personal/carer's leave. Under the National Employment Standards in the Fair Work Act 2009, full-time employees are entitled to ten days of paid personal/carer's leave per year of service, pro-rated for part-time employees.

Statutory entitlement

Ten days of paid personal/carer's leave per year for full-time employees, accruing progressively. Two days of unpaid carer's leave per occasion are available to all employees, including casuals, when paid leave is not available.

Eligibility

All full-time and part-time employees. Casual employees are entitled to unpaid carer's leave but not the paid entitlement.

Employer obligations

  • Accrue paid personal/carer's leave progressively from the start of employment, based on ordinary hours.
  • Pay leave at the employee's base rate of pay for ordinary hours.
  • Allow leave for personal illness or injury, or to care for an immediate family or household member who is ill or has had an unexpected emergency.
  • Accept reasonable evidence (medical certificate or statutory declaration) when requested, but only where the request itself is reasonable.

Employee rights

  • Right to accumulate unused paid personal/carer's leave year on year.
  • Right to take two days of unpaid carer's leave per occasion when paid leave is exhausted or unavailable.
  • Right to compassionate leave (separate entitlement) of two days per permissible occasion.

Common pitfalls

  • Refusing leave because the employee did not provide a medical certificate on day one — evidence is only required if the employer's request is reasonable.
  • Treating personal/carer's leave as 'use it or lose it' — it accrues and accumulates without cap.
  • Forgetting that casual employees are still entitled to unpaid carer's leave.
  • Confusing personal/carer's leave with compassionate leave; they are separate entitlements.

What counts as 'immediate family'

Immediate family includes a spouse or de facto partner, child, parent, grandparent, grandchild, or sibling of the employee or of their spouse/partner. Members of the employee's household also qualify.

Notice and evidence

Employees must give notice of their leave as soon as practicable and the expected length of absence. Employers may request reasonable evidence — typically a medical certificate or statutory declaration — and the leave can be unpaid until evidence is provided if requested.

Frequently asked questions

Does personal/carer's leave expire?

No. Unused paid personal/carer's leave accumulates from year to year and is not capped under the NES.

Is unused personal/carer's leave paid out on termination?

No. Unlike annual leave, accrued personal/carer's leave is not paid out when employment ends, unless an Award, agreement, or contract says otherwise.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.