Sick Leave & Personal Leave Rights: How Many Days, Proof & Casual Rules
Your complete guide to sick leave and personal/carer's leave in Australia. Covers the 10-day entitlement, medical evidence requirements, casual worker rules, carer's leave, and how personal leave accumulates year to year.
10 days paid personal/carer's leave per year
Under the National Employment Standards, all full-time employees in Australia are entitled to 10 days of paid personal/carer's leave per year. Part-time employees receive a pro-rata entitlement based on their ordinary hours. For example, a part-time employee working 3 days per week receives 6 days of personal leave per year. Personal leave (commonly called sick leave) can be used when you are unfit for work due to illness or injury, or to care for an immediate family member or household member who is ill, injured, or affected by an unexpected emergency. The leave accrues progressively from your first day of employment — you do not need to complete a qualifying period. A 'day' of personal leave equals your ordinary hours for that day, so a full-time employee working 7.6-hour days receives 76 hours per year. Your employer must pay you at your base rate of pay for each day of personal leave taken. This does not include overtime rates, penalty rates, loadings, or allowances unless your award or agreement specifies otherwise.
When can your employer require medical evidence?
Your employer can require evidence to support your personal leave claim, but the rules about when and what evidence is required depend on your award, agreement, and the circumstances. Under the Fair Work Act, an employee must notify their employer as soon as practicable that they will be absent, the expected duration, and provide evidence if required by the employer. Most modern awards allow employers to request a medical certificate or statutory declaration for any absence. However, the Fair Work Commission has recognised that requiring a doctor's certificate for a single day's absence may be unreasonable in some circumstances — particularly where accessing a GP would be difficult or costly. Many workplace policies only require evidence for absences of 2 or more consecutive days, or where a pattern of absences is identified (such as frequent Monday or Friday absences). A valid medical certificate from a registered health practitioner is the most common form of evidence. A statutory declaration is an acceptable alternative — you can make one at a pharmacy, post office, or before a justice of the peace. If your employer has concerns about the legitimacy of your leave, they should discuss this with you before taking any adverse action.
Casual workers and sick leave: what you need to know
Casual employees are not entitled to paid personal/carer's leave under the NES. This is one of the key trade-offs of casual employment — you receive a casual loading (typically 25%) in lieu of entitlements like paid leave. However, casual employees do have some protections. All casual employees are entitled to 2 days of unpaid carer's leave per occasion to care for an immediate family or household member. Casual employees can also access unpaid compassionate leave (2 days per occasion) and unpaid family and domestic violence leave (10 days per year). If you are a long-term casual employee who has been working regular and systematic hours, you may be eligible to convert to permanent employment under the casual conversion provisions — which would then entitle you to paid personal leave. Since the Fair Work Act amendments, casual employees can initiate a request for conversion after 6 months (small businesses) or 12 months of employment. If you are a casual worker who regularly misses out on shifts due to illness, consider whether casual conversion might be beneficial. Use our Leave Entitlements Calculator to compare your current casual entitlements with what you would receive as a permanent employee.
Carer's leave comes from the same pool
A common misconception is that carer's leave is a separate entitlement on top of sick leave. In reality, personal leave and carer's leave come from the same pool of 10 days per year. When you take time off to care for an ill family member, you are drawing from the same balance as when you take sick leave for yourself. Your immediate family includes your spouse or de facto partner, children, parents, grandparents, grandchildren, and siblings. It also extends to members of your household — this could include housemates, in-laws living with you, or other people who normally reside in your home. You can use carer's leave to provide care or support to a family or household member who is ill, injured, or affected by an unexpected emergency. The 'unexpected emergency' provision is broad and can include situations like a family member being involved in an accident, a sudden crisis requiring your presence, or a child's school calling you to collect a sick child. Each occasion of carer's leave requires you to notify your employer and, if requested, provide evidence that the person required care and that you needed to provide it. A medical certificate for the person you are caring for, or a statutory declaration, is sufficient evidence.
Personal leave accumulates year to year
Unlike annual leave, which employees are generally encouraged to use, personal leave accumulates indefinitely from year to year with no cap. If you do not use your 10 days in a given year, the unused balance carries over and adds to next year's entitlement. Over a long career with one employer, it is common for employees to accumulate significant personal leave balances — 50, 100, or even 200+ days. This accumulated leave serves as a form of income protection if you experience a serious illness or injury requiring extended time off work. However, unlike annual leave, personal leave is not paid out on termination of employment under the NES. When you resign or are terminated, your accrued but unused personal leave balance is forfeited unless your enterprise agreement or employment contract specifically provides for a payout. Some enterprise agreements do include personal leave payout provisions, particularly in the public sector, so check your agreement terms. Because personal leave is not paid out on termination, there is no financial penalty for using it when you genuinely need to. If you are unwell, take the leave — that is what it is for. Use our Leave Entitlements Calculator to check your current entitlements and track your accrual over time.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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