Sick Leave Rights in Australia: What Your Employer Can and Can't Do
Understand your sick leave rights in Australia including 10 days personal leave, evidence rules, casual entitlements, and what to do if leave is denied.
How much paid sick leave do you get?
Under the National Employment Standards (NES), all full-time employees are entitled to 10 days of paid personal/carer's leave per year. Part-time employees receive this on a pro-rata basis — for example, someone working 3 days a week accrues 6 days per year. The leave accrues progressively throughout the year from the very first day of employment and is based on an employee's ordinary hours of work. A 'day' means the number of hours the employee would have ordinarily worked on that day. So if you normally work a 10-hour shift on a Wednesday, one day of sick leave covers that full 10 hours.
Sick leave accumulates and rolls over
Unlike annual leave, there is no cap on how much personal/carer's leave you can accumulate. Any unused leave rolls over from year to year indefinitely. If you've worked for the same employer for five years without taking much sick leave, you could have 40 or more days banked. This accumulated balance provides a safety net for serious illness or injury. Your accrued balance should be shown on every pay slip — if it's not there, that's a breach of pay slip requirements under the Fair Work Act. When your employment ends, unused personal leave is not paid out, unlike annual leave.
What can sick leave be used for?
Personal/carer's leave covers two situations. First, when you are not fit for work because of a personal illness, injury, or an unexpected emergency. Second, when you need to provide care or support to an immediate family member or household member who is ill, injured, or affected by an unexpected emergency. 'Immediate family' includes your spouse or de facto partner, child, parent, grandparent, grandchild, or sibling — and the same relatives of your spouse or de facto partner. This means you can use your sick leave balance to stay home and care for a sick child or elderly parent.
When can your employer ask for a medical certificate?
Your employer can request evidence that your absence was genuine. Under section 107 of the Fair Work Act, an employee must provide evidence if required by the employer and the period of absence is more than one day (or a single day if the employee has already been warned about the pattern of their absences). Acceptable evidence includes a medical certificate from a registered health practitioner or a statutory declaration. Your employer cannot specify which doctor you must see. Some enterprise agreements or awards may have additional requirements — always check your specific instrument for any stricter notification or evidence rules.
Sick leave for casual employees
Casual employees do not receive paid personal/carer's leave — this is one of the entitlements the 25% casual loading is intended to compensate for. However, casuals are entitled to 2 days of unpaid carer's leave per occasion when they need to care for an immediate family or household member. Casuals also receive 2 days of unpaid compassionate leave per occasion. Since August 2022, all employees including casuals are entitled to 10 days of paid family and domestic violence leave per year. If you're a long-term casual working regular hours, you may be eligible to convert to permanent employment and gain access to paid leave.
Can sick leave be cashed out?
Under the NES, personal/carer's leave generally cannot be cashed out. The only exception is if a Modern Award or enterprise agreement contains a specific cashing-out provision. Even then, strict rules apply: the employee must retain a balance of at least 15 days after the cash-out, each cash-out must be by separate written agreement, and the payment must be at the employee's full rate of pay. Most awards do not allow cashing out of personal leave at all. When employment ends, unlike annual leave, accumulated sick leave is simply forfeited — it is not included in your final pay.
What to do if your employer denies sick leave
If your employer refuses to grant personal/carer's leave you're entitled to, or penalises you for taking it, they may be breaching the Fair Work Act. Start by checking your leave balance on your pay slip and reviewing your award or agreement. Put your leave request in writing and keep a copy. If your employer still refuses, contact the Fair Work Ombudsman (13 13 94) for free advice. You can also lodge a formal complaint online. It is unlawful for an employer to take adverse action against an employee for exercising a workplace right, including taking personal leave — this is a general protections breach and can result in significant penalties.
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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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