In Australia, sick leave, also known as personal/carer's leave, is a key employee entitlement under the National Employment Standards (NES) in the Fair Work Act 2009. It ensures employees have the flexibility to manage their health or care for sick family members without financial disadvantage.
Minimum Sick Leave Entitlements
Full-time Employees: Entitled to a minimum of 10 days of paid sick leave per year. This accrues at the rate of 1/26 of an employee's hours of work (roughly one day for every 26 days worked).
Part-time Employees: Receive a pro-rata entitlement based on their ordinary hours of work.
Accrual and Carry Over
Unlimited Accumulation: Any unused sick leave can be carried over to subsequent years, with no legal cap on how much can be accumulated.
Leave accrues progressively throughout the year, calculated based on the hours worked.
Uses of Sick Leave
Personal Illness: Employees can use sick leave to recover from their own illness or injury.
Caring Responsibilities: Sick leave can also be used to care for a member of the employee's immediate family or household who is ill, injured, or affected by an unexpected emergency.
Unpaid Leave
Once all paid personal/carer’s leave is exhausted, employees are entitled to at least 2 days of unpaid carer's leave per family member’s illness or emergency, unless otherwise specified by an award or agreement.
Medical Certificate Requirements
Employers may require a medical certificate or other evidence to justify absences, particularly after 1 day of absence, though policies may vary by employer.