Do Part-Timers Get Sick Leave in Australia?

If you employ part-time staff, it’s natural to ask: do part timers get sick leave? The short answer is yes - part-time employees in Australia are entitled to paid personal/carer’s leave (commonly called sick leave) under the National Employment Standards (NES), on a pro‑rata basis.

Understanding how sick leave accrues, when you can ask for evidence, and how to manage tricky scenarios (like insufficient balances or sick leave during notice periods) helps you stay compliant and run a fair, well‑managed workplace.

Below, we’ll walk through the essentials for Australian small business employers - in plain English - so you can set clear expectations, avoid disputes, and support your team the right way.

Quick Answer: Yes - Part-Time Employees Accrue Paid Sick Leave

Under the NES, full‑time employees accrue 10 days of paid personal/carer’s leave per year of service. Part‑time employees accrue the same entitlement on a pro‑rata basis, according to their ordinary hours of work.

Put simply, if a full‑time employee accrues the equivalent of 10 days per year, a part‑time employee accrues a proportionate amount based on their weekly ordinary hours. This entitlement covers absences due to the employee’s personal illness or injury, and caring responsibilities for an immediate family or household member.

Paid personal/carer’s leave accrues gradually during the year and carries over from year to year if it’s not used. If you’re setting expectations with your team, it helps to spell out the accrual method, evidence requirements, and how to request leave in your Employment Contract and policies.

How Sick Leave Accrues For Part-Time Staff

Accrual Based On Ordinary Hours

Accrual is tied to ordinary hours of work. A part‑time employee working fewer weekly hours accrues paid sick leave at a lower rate than a full‑timer, but the entitlement is equitable when measured against their hours.

Because accrual can feel technical, it’s useful to confirm the mechanics with your payroll system and reflect the approach in your onboarding pack. For a broader refresher on entitlements, see how sick days accrue in Australia.

Leave Carries Over (No Annual Reset)

Unused paid personal/carer’s leave carries over year to year - it doesn’t reset annually like a fixed bucket. Over time, employees who don’t take much sick leave may build a healthy balance. This is by design and supports employees through more serious health events when needed.

If you’re considering what happens to those balances when employment ends, review what happens to unused sick leave so you can provide accurate information during exit discussions.

Personal Illness And Caring Responsibilities

Paid personal/carer’s leave isn’t just for the employee’s own illness. It can also be used when an immediate family or household member is sick, injured, or affected by an unexpected emergency and needs care or support.

In practice, that means part‑time employees can take paid time off to care for a sick child, partner, or other household member - provided they have sufficient accrued leave and give you notice and evidence if requested.

Requesting Evidence: Medical Certificates And Statutory Declarations

As an employer, you can ask an employee to provide reasonable evidence that would satisfy a reasonable person that the leave is taken for a genuine reason. In most workplaces, this means a medical certificate or a statutory declaration.

You can ask for evidence for any period of personal/carer’s leave - it’s not limited to absences of two days or more. The key is to apply your approach consistently, and to have it clearly documented in your policies and contracts so employees know what to expect.

• Evidence triggers: You may require evidence for any absence, including single‑day absences, provided this is reasonable and applied consistently.
• Types of evidence: A GP’s medical certificate is common. Where a certificate isn’t practical, a statutory declaration can be appropriate in some situations (particularly for caring responsibilities).
• Privacy: Collect only what you need. Avoid seeking detailed diagnoses and handle medical information securely.

For practical boundaries around evidence, timing, and reasonableness, review when employers can ask for medical certificates and when you can request medical clearance to return to work following an injury or extended absence.

It’s important your expectations appear in your Workplace Policy (for example, a leave policy) and your employment contracts. Clear rules reduce confusion, minimise disputes and keep your operations running smoothly.

Managing Sick Leave In Real-Life Scenarios

Scenario 1: The Balance Runs Out

Part‑time staff may occasionally run out of paid personal/carer’s leave, especially early in their employment or during a longer illness. If that happens, there are a few options to consider:

• Unpaid personal/carer’s leave: Where paid leave has been exhausted, the NES provides for unpaid carer’s leave in some circumstances.
• Annual leave by agreement: You and the employee may agree to use paid annual leave for illness, if appropriate.
• Leave Without Pay: Some businesses allow leave without pay in defined situations to support recovery and retention.

Decisions should be consistent with your policies and any applicable award or enterprise agreement. For practical steps when balances are low or exhausted, see our guidance on managing employee sick leave when entitlements run out.

Scenario 2: Sick Leave During Probation Or Notice Period

Part‑time employees remain entitled to their accrued paid personal/carer’s leave during probation and during a lawful notice period. If they’re genuinely unwell and have leave available, they can take it.

What if they resign or you’ve given notice and they call in sick? The rules can be nuanced, especially if you’re considering payment in lieu of notice. For a deeper dive into the timing and pay implications, read about sick leave during the notice period.

Scenario 3: Caring Responsibilities Vs Personal Illness

Remember, paid personal/carer’s leave covers two situations: the employee’s own illness or injury, and caring responsibilities for an immediate family or household member (including an unexpected emergency affecting that person).

You can request evidence appropriate to the situation. For caring responsibilities, that might be a note from a school or hospital, or a statutory declaration if other evidence is not practical. Your policy should spell out acceptable evidence so managers apply it consistently.

Scenario 4: Part-Time Vs Casual - Don’t Mix Them Up

Part‑time employees are entitled to paid personal/carer’s leave. Casual employees are not entitled to paid sick leave under the NES, although they do have limited unpaid carer’s leave and compassionate leave entitlements.

If you employ casuals alongside part‑timers, ensure your team leaders understand the difference and handle requests consistently with each status. For clarity on evidence and entitlements in the casual context, see medical certificates for casual employees and our guide on casual sick leave entitlements (state‑based examples can still help set policy expectations nationwide).

Employer Obligations And Good Practice

Build Clear Contracts And Policies

Set expectations from day one. Your Employment Contract for part‑time staff should outline leave entitlements in plain English and reference the NES, any applicable award, and your internal procedures (notice and evidence requirements, who to contact, and how to lodge leave in your system).

Back this up with a short, practical leave policy in your Workplace Policy suite or staff handbook. Include how to report absences, when evidence may be required, examples of acceptable evidence, and how caring responsibilities are handled. If your managers need quick reference material, keep a one‑page summary handy.

Keep Accurate Records (And Pay Correctly)

Good record‑keeping is essential. Ensure your payroll system tracks accruals and usage accurately for each part‑time employee, and that payslips reflect leave balances where required by law. Miscalculations can snowball, especially in part‑time arrangements with variable hours.

If you operate under an award or enterprise agreement, double‑check any additional rules around leave accrual, cashing out (where permitted), or evidence thresholds. When in doubt, get tailored advice before implementing a policy change.

Apply Evidence And Privacy Settings Fairly

Have a clear approach to evidence - and apply it consistently across the team to avoid claims of unfair treatment. You’re generally entitled to know that an employee is unfit for work, but you should avoid demanding sensitive diagnoses and always handle medical information confidentially.

If an employee has extended sickness or a complex return‑to‑work situation, you may be able to request a fitness for duty note or medical clearance that focuses on their capacity to perform inherent requirements. Use our guidance on medical clearance to return to work to frame fair and lawful requests.

Watch For Red Flags And Support Early

Patterns of frequent single‑day absences can be challenging. Consider a supportive conversation first - there may be genuine health, family or workplace issues at play. Where necessary, make a reasonable request for evidence to ensure entitlements are used appropriately.

It’s also helpful to educate managers about what counts as a good reason for sick leave so they respond consistently and fairly.

State Nuances And Awards: Do They Change The Basics?

The core rules about paid personal/carer’s leave entitlements come from the Fair Work Act’s NES and apply nationally. State differences may still appear in related areas (for example, long service leave or public holidays) and your industry award may set out additional terms around notice and evidence.

If you have NSW‑based staff, it can be useful to skim state‑focused summaries (like sick leave entitlements in NSW) to check local nuances that might inform your policy language, even though the NES governs the entitlement itself.

Always cross‑check your policy with the applicable award or enterprise agreement for your business. Where there’s overlap, the more beneficial term for the employee generally applies.

Simple Process Checklist For Managers

• Confirm the employee’s classification (part‑time vs casual) so you apply the right rules.
• Check the applicable award or enterprise agreement for any extra requirements.
• Ensure leave accruals are set correctly in payroll for part‑time ordinary hours.
• Adopt a clear, written policy covering notice, evidence and caring responsibilities.
• Apply evidence requests consistently and handle medical information sensitively.
• When balances are exhausted, discuss options (annual leave by agreement, unpaid carer’s leave, or unpaid leave in line with your policy).
• For resignations or terminations, confirm how sick leave interacts with notice - see sick leave during a notice period for practical guidance.
• Keep communication supportive and solutions‑focused to maintain trust and retention.

Key Takeaways

• Part‑time employees in Australia do get paid sick leave - it accrues pro‑rata based on ordinary hours and carries over year to year.
• Set clear, written rules in your Employment Contract and leave policy covering notice, evidence and how caring responsibilities are handled.
• You can request reasonable evidence (like a medical certificate or statutory declaration) for any absence and should apply the rule consistently.
• When paid balances run out, discuss lawful options such as annual leave by agreement, unpaid carer’s leave or leave without pay, in line with your policy and any award.
• Employees remain entitled to paid personal/carer’s leave during probation and a lawful notice period, if they have accrued leave and provide required evidence.
• Maintain accurate payroll records for accruals, protect medical privacy, and train managers to respond consistently to avoid disputes.

If you’d like a consultation about managing part‑time sick leave entitlements in your workplace - including the right Employment Contracts and policies - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.