Sick Leave 101: Everything You Need to Know

Sick leave and carers leave, also known as personal leave, allows you to take a day off work when necessary and still get paid.

You are entitled to a sick leave certificate if you are unwell, injured, or stressed. You can also take this leave if a family member needs it in an emergency—this is known as a carer’s leave certificate.

If you want to take sick pay leave, you will need to provide a notice to your employer. Employers can ask you to provide evidence of your reason for taking leave; however, some organizations may limit this requirement. 

Full-time, permanent employers get ten days of leave in Australia per year. If you work part-time, you are entitled to the same amount of leave proportionate to your weekly hours.

You may be entitled to more Depending on your workplace agreement each year. If you use up all your leaves, you can have two days of unpaid carer’s leave.

The National Employment Standards

National Employment Standards (NES) encompass 11 fundamental sick leave entitlements that should be provided to all employees:

• Maximum weekly hours
• Requests for flexible working arrangements
• Offers and requests to convert from casual to permanent employment
• Parental leave and related entitlements
• Annual leave
• Personal/carer’s leave, compassionate leave, and unpaid family and domestic violence leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Provision of Fair Work Information Statement and Casual Employment Information Statement.

Casual employees are not entitled to paid doctor certificate for sick leave, only unpaid casual leave. They receive limited NES entitlements, such as unpaid carer’s leave. However, they can convert to permanent employment under certain conditions to be entitled to paid leave. 

Employee wages and entitlements depend on age, industry, qualifications, and job responsibilities. Most employees are covered by awards that set minimum wages based on their job type and industry. Special minimum wages exist for juniors, apprentices, and trainees.

Also Read: Medical Certificate Rules in Australia

How Many Days Sick Leave a Year?

Sick leave entitlements include:

• Annual leave: Full-time and part-time workers accrue 4 weeks per year.

• Parental leave: Eligible employees can take unpaid leave for childbirth or adoption, with an option to extend.

• Sick and carer’s leave: Full-time employees receive 10 days per year, pro-rata for part-time, for personal illness, caring responsibilities, or emergencies.

Casual employees and contractors generally do not receive paid leave but can access unpaid carer’s leave. Employers may require evidence for leave taken and can establish specific policies regarding proof requirements.

Also Read: Do I Need a Medical Certificate For One Day Off in Australia?

What is the Difference Between Sick Leave vs Personal Leave?

In Australia, “sick leave” and “personal leave” are often used interchangeably, but they have specific distinctions under the Fair Work Act 2009.

Sick Leave

Purpose: Specifically for employees who are unwell or injured and unable to work.

Eligibility: This applies to full-time and part-time employees, entitled to 10 days of paid sick leave in Australia per year. Casual employees do not get paid leave certificates.

Documentation: Employers may require evidence, such as a medical certificate for sick leave, for confirmation.

Also Read: Can I Return to Work Before the Sick Note Ends in Australia?

Personal Leave

Purpose: This category includes sick leave and carer’s leave. It allows employees to take leave for personal illness or injury or to care for an immediate family member or household member who is ill, injured, or affected by an emergency.

Eligibility: Full-time and part-time employees are entitled to 10 days of paid personal leave per year, prorated for part-time employees. Casual employees can access unpaid carer’s leave.

Documentation: Similar to sick certificates, employers can request evidence to support the need for personal leave.

How Can Paid Sick and Carer’s Leave Get Accumulated?

According to the Fair Work Act, full-time and part-time employees accumulate sick and carer’s leave throughout their employment, starting from their first day of work. The accumulation is based on the employee’s ordinary work hours, and any unused leave at the end of the year rolls over to the next year.

It continues to accumulate during:

• Paid leave (such as annual leave and sick and carer’s leave)
• Community service leave (including jury duty)
• Long service leave

However, leaves does not accumulate during:

• Unpaid annual leave
• Unpaid sick or carer’s leave
• Unpaid parental leave
• Unpaid family and domestic violence leave

What is Carer’s Leave and Eligibility?

To be eligible for paid or unpaid carer’s leave, you must take time off work to care for or support an immediate family member or a household member. A member of your household is anyone who lives with you. An immediate family member includes:

• Spouse
• Former spouse
• De facto partner
• Former de facto partner
• Child
• Parent
• Grandparent
• Grandchild
• Sibling
• Child, parent, grandparent, grandchild, or sibling of your spouse or de facto partner, or former spouse or de facto partner
• Step relations and adoptive relations included.

Also Read: How Do I Prove I Am A Carer?

Please note: Panraa Doctors only provides a carers certificate to parents taking carers leave for their child.

If you want to request a carer’s leave certificate, only complete a questionnaire with the required details. It will be sent to you within hours of submitting the request.

Conclusion

Understanding sick leave is essential for both employees and employers. It ensures employees can take necessary time off for illness or caring responsibilities while receiving pay. 

Familiarizing yourself with the entitlements and requirements in Australia can help maintain a healthy and supportive work environment.