Australian Sick Leave Entitlements 2025: Personal & Carer's Leave Guide

Know Your Rights: In Australia, what's commonly called "sick leave" is officially "personal/carer's leave" under the National Employment Standards. It covers both your own illness and caring for family members. Here's how it works.

Personal/Carer's Leave Basics

Your Entitlement:

Amount: 10 days per year for full-time employees
Part-time: Pro-rata based on hours worked
Casuals: No paid personal leave (this is why they get 25% loading)
Accrual: Starts from your first day of work
Accumulates: Unused leave carries over each year (no limit)
Not paid out: You don't get paid for unused sick leave when you leave

When Can You Use Personal Leave?

Personal Leave (Sick):

Illness or injury (physical or mental)
Medical appointments
Dental appointments
Mental health days
Recovery from surgery
Chronic condition management

Carer's Leave:

Caring for sick child
Caring for sick spouse/partner
Taking family to medical appointments
Caring for elderly parents
Emergency family care needs
Family member has unexpected emergency

Who Is "Family" for Carer's Leave?

"Immediate Family" Includes:

Spouse or de facto partner (including same-sex partners)
Children (including step-children, adopted children)
Parents (including step-parents, in-laws)
Grandparents and grandchildren
Siblings
Any person who lives with you as a member of your household

How Personal Leave Accrues

Employment Type	Annual Entitlement	How It Works
Full-time	10 days (76 hours)	Accrues progressively throughout the year
Part-time (20 hrs/wk)	5.26 days (40 hours)	Pro-rata based on agreed hours
Part-time (30 hrs/wk)	7.89 days (60 hours)	Pro-rata based on agreed hours
Casual	0 days	No paid leave (25% loading compensates)

Example: Leave Accumulation

If you use 3 days sick leave in your first year, you'll have 7 days left over. Those 7 days carry over to year 2, giving you 17 days available. After 5 years with minimal sick leave, you could have 40+ days accrued.

Medical Certificate Requirements

When You Need Evidence:

Your employer can request evidence for any absence
It's reasonable to request evidence for 1+ consecutive days
Many employers don't require evidence for single days (check your policy)
Patterns of suspicious absences may trigger evidence requirements
Evidence must "satisfy a reasonable person" that you were unfit for work

Acceptable Evidence:

Medical certificate from GP
Hospital documentation
Specialist letters
Pharmacy certificate (for minor illnesses)
Telehealth consultation certificate
Statutory declaration (if unable to get medical cert)

What Certificate Should State:

Date of consultation
That you were/are unfit for work
Period of unfitness
Doctor's details and signature
Does NOT need to state your diagnosis

Notifying Your Employer

Your Obligations:

1. Notify as soon as practicable - before your shift if possible
2. State the reason - illness or caring responsibility
3. Estimate duration - expected return date
4. Provide evidence - if requested and reasonably required
5. Keep in touch - update employer if absence extends

Tip: Check your workplace policy for preferred notification method (phone, text, email, app). Most employers prefer a phone call or message before your scheduled start time.

What If You Run Out of Sick Leave?

If you've used all your accrued personal leave, you have options:

Options When Leave Runs Out:

Annual leave: Request to use annual leave instead (employer must agree)
Leave without pay: Take unpaid leave with employer approval
Flexible work: Negotiate reduced hours or work from home
Long service leave: If eligible, may be used for illness
Workers compensation: If illness/injury is work-related
Centrelink: Sickness Allowance if unable to work for extended period

Compassionate Leave

Separate from personal leave, you're entitled to compassionate (bereavement) leave:

Compassionate Leave Entitlement:

Amount: 2 days per occasion
When: Death or life-threatening illness/injury of immediate family
Casuals: Unpaid compassionate leave available
Accumulation: Does not accumulate (per occasion)
Evidence: Employer can request reasonable evidence

Family and Domestic Violence Leave

New Entitlement (2023):

Amount: 10 days per year (paid)
Who: All employees including casuals
Purpose: To deal with impacts of family and domestic violence
Examples: Attending court, moving to safe housing, medical appointments
Confidential: Employer must keep records confidential

Common Questions

Can my employer refuse sick leave?

Not if you have accrued leave, a genuine reason, and provide evidence if requested. They can only refuse if they have reasonable grounds to believe you weren't genuinely sick.

Can I be sacked for taking sick leave?

Taking genuine sick leave is a workplace right protected under law. Dismissing someone for exercising this right could be unlawful adverse action. Extended absences may have different rules.

Is sick leave paid at my normal rate?

Yes, personal leave is paid at your base rate of pay for ordinary hours. It doesn't include penalty rates, allowances, or overtime.

Can I use sick leave for mental health?

Absolutely. Personal leave covers both physical and mental illness. Mental health is treated the same as physical health under the law.

Can I take half a day sick leave?

The NES doesn't specify minimum leave periods, so this depends on your award, agreement, or workplace policy. Many employers allow part-day leave.

Your Sick Leave Balance

You should receive a payslip each pay period showing your current leave balances, including:

Accrued personal/carer's leave
Accrued annual leave
Long service leave (if applicable)

If your payslip doesn't show this, request it from your employer or HR system.

Key Takeaways

Full-time employees get 10 days paid personal/carer's leave per year
Leave can be used for your own illness or caring for family
Unused leave accumulates year to year (no cap)
Medical certificates may be required but don't need your diagnosis
Casuals get 25% loading instead of paid leave
Compassionate leave (2 days) is separate from personal leave
Mental health is a legitimate reason to take sick leave

Last updated: January 2025. Always check your award or enterprise agreement as they may provide more generous entitlements.

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