Personal/carer’s leave is paid leave for illness or injury, or to care for family or household members.
Legislation: Fair Work Act 2009 s96-103 | Category: Leave
What is Personal/Carer’s Leave?
Personal/carer’s leave (commonly called sick leave) is paid leave available to employees when they are unfit for work due to illness or injury, or to provide care or support to a member of their immediate family or household who requires care because of illness, injury, or unexpected emergency.
Under the NES, full-time employees are entitled to 10 days of paid personal/carer’s leave per year, which accrues progressively and accumulates from year to year. Part-time employees receive a pro-rata entitlement. The entitlement is based on ordinary hours — a 10-day entitlement equals 76 hours for a standard full-time employee.
Key Compliance Points for Employers
- Employers can require evidence (such as a medical certificate) for absences — check the award for specific rules
- Personal leave does not need to be paid out on termination
- Casual employees are not entitled to paid personal leave but may access 2 days of unpaid carer’s leave per occasion
- Taking personal leave is a workplace right protected by general protections provisions
- Patterns of personal leave use can be managed but must be handled carefully to avoid adverse action claims
Frequently Asked Questions
Can we ask for a medical certificate for one day off?
Generally yes, if your award or policy allows. Many awards permit employers to request evidence for any absence.
Is personal leave paid out on termination?
No. Unlike annual leave, unused personal/carer’s leave is not paid out when employment ends.
Can we deny personal leave if we’re busy?
No. Personal leave is a right when the employee is genuinely unfit for work. You can require appropriate evidence but cannot refuse legitimate leave.
