How Many Sick Days Do You Get A Year?

Sick days are part of running a healthy workplace. Whether you’re an employer setting up your leave systems or an employee checking your entitlements, understanding how sick leave accrues and when it can be used is essential under Australian law.

In Australia, sick leave is regulated by the National Employment Standards (NES) in the Fair Work Act. But there are a few moving parts - how it accrues, what counts as “sick leave”, what evidence you can request, and how this applies to part-time staff or casuals.

Below, we break down the basics in plain English so you can set clear expectations, avoid payroll headaches and stay compliant.

What Counts As Sick Leave In Australia?

Under the NES, paid sick leave is called “paid personal/carer’s leave”. Employees can use it when they are unfit for work because of a personal illness or injury, or to care for an immediate family or household member who is sick, injured or affected by an unexpected emergency.

There’s also unpaid carer’s leave (usually 2 days on each occasion) if an employee has no paid balance left, and separate compassionate leave for bereavement. These are distinct from paid personal/carer’s leave, but they often appear in the same conversations about “sick days”.

Key points to remember:

• Paid sick leave is for personal illness/injury or caring responsibilities.
• It accrues over time and carries over year to year if unused.
• It is not paid out when employment ends (with limited exceptions under some enterprise agreements).

How Many Paid Sick Days Do You Get Under The NES?

Full-time employees are entitled to 10 days of paid personal/carer’s leave per year under the NES. Part-time employees receive the same entitlement on a pro‑rata basis according to their ordinary hours.

Importantly, it doesn’t accrue as “calendar days”. It accrues progressively during the year based on ordinary hours of work, at the rate of 1/26 of the employee’s ordinary hours for the year. That’s why you’ll sometimes hear that sick leave is “10 days” - it’s the equivalent of two standard weeks of ordinary hours per year.

Accrual Explained (With Examples)

• Full-time (38 hours/week): 38 hours × 52 weeks = 1,976 ordinary hours per year. 1,976 ÷ 26 = 76 hours of paid personal/carer’s leave per year (the equivalent of 10 × 7.6‑hour days).
• Part-time (20 hours/week): 20 × 52 = 1,040 hours per year. 1,040 ÷ 26 = 40 hours of paid personal/carer’s leave per year (the equivalent of 5 × 8‑hour days if that’s the ordinary day length).

Accrual is continuous - it accrues during paid leave (e.g. annual leave, paid personal/carer’s leave) but usually does not accrue during periods of unpaid leave. If in doubt, check the applicable modern award, enterprise agreement or contract terms for any variations, but they cannot reduce the NES minimums.

Untaken balances roll over year to year. If you’re wondering what happens when employment ends, what happens to unused sick leave is a common question - generally, it isn’t cashed out unless an enterprise agreement or policy explicitly allows it (and even then, strict rules apply).

Evidence And Notice: Certificates, Stat Decs And Medical Clearance

Employers can ask employees to provide reasonable evidence that they were entitled to take paid personal/carer’s leave. In practice, this often means a medical certificate or a statutory declaration, depending on the circumstances and your policy.

Do You Need A Certificate For Every Sick Day?

Not necessarily - the Fair Work Act does not require a medical certificate for every absence. However, you can have a clear, reasonable policy that explains when evidence is required (for example, after a certain number of days, for Mondays/Fridays, or where patterns emerge). For context on common expectations and risks, see our guide on taking sick days without a certificate.

Using Statutory Declarations

Some workplaces accept a statutory declaration as evidence in particular circumstances (e.g., when a GP appointment wasn’t possible). If you rely on stat decs, make sure staff understand what they’re signing and how to complete one properly - here’s a practical look at how to write a statutory declaration for sick leave.

Requesting Medical Clearance To Return To Work

Where there are genuine safety concerns or inherent requirements to consider, employers can request reasonable evidence that the employee is fit to return. That might include a clearance from a treating doctor. There are limits, and requests must be proportionate to the role and risk - more on when employers can request medical clearance.

Whichever approach you take, consistency matters. A documented policy applied even‑handedly across your team reduces disputes and supports compliance with Fair Work obligations.

Edge Cases: Casuals, Notice Periods And When Leave Runs Out

Do Casual Employees Get Paid Sick Leave?

Casuals are not entitled to paid personal/carer’s leave under the NES. They do, however, have access to 2 days of unpaid carer’s leave per occasion (and unpaid compassionate leave), and some modern awards or enterprise agreements may include additional provisions.

Questions often come up about proof of illness for casuals. Employers can still set reasonable evidence requirements in a policy. If you’re fielding frequent absences from casual staff, you may find this deep dive on medical certificates for casual employees helpful.

What If Sick Leave Is Taken During the Notice Period?

Employees can use accrued paid personal/carer’s leave during a notice period if they’re unfit for work. That can affect the last day of work performed, but it doesn’t generally extend the employment end date (unless your contract or award says otherwise). Our guide on sick leave during the notice period covers the nuance and documentation tips.

What Happens When Paid Sick Leave Runs Out?

Once an employee exhausts their paid balance, they may be able to take unpaid carer’s leave (or other leave types like annual leave by agreement). Long-term absence triggers can be sensitive - consider your obligations around consultation, reasonable adjustments and unfair dismissal risk if incapacity is prolonged. We’ve outlined options and risks in managing employee sick leave when entitlements run out.

Award and Enterprise Agreement Variations

The NES sets the minimums, but modern awards and enterprise agreements can supplement how leave is administered (for example, specifying evidence rules or roster impacts). Always check the instrument that applies to your team and make sure your contracts and policies line up.

Setting It Up Right In Your Business

Clear documents and processes make sick leave straightforward. Here are the foundations we recommend for most Australian employers.

1) Put The Right Terms In Your Employment Contracts

Every hire should have a modern, tailored Employment Contract that references applicable awards or enterprise agreements, confirms NES entitlements (including paid personal/carer’s leave) and sets expectations around notice, evidence and rostering. Contracts should align with your policies so there’s no mixed messaging.

2) Adopt A Practical Leave Policy

A written Workplace Policy on leave should cover how to notify absences, when evidence is required, whether stat decs are accepted, how partial‑day absences are recorded and who approves leave. This makes decisions consistent and defensible if issues arise.

3) Centralise Your Procedures In A Staff Handbook

A Staff Handbook pulls your policies into one place so managers and employees can find guidance quickly. If you don’t have one yet, consider formalising your approach with a Staff Handbook so there’s a single source of truth on leave, conduct and safety.

4) Keep Accurate Records

Under workplace laws, employers must keep accurate records of hours, pay and leave balances. Ensure your payroll system accrues personal/carer’s leave against ordinary hours, applies the right award rules and provides up‑to‑date balances on payslips. Bad records are one of the fastest ways to end up on the wrong side of a Fair Work audit.

5) Train Managers To Have The Right Conversations

Sick leave often involves sensitive health information. Train supervisors to ask for evidence appropriately, maintain confidentiality and escalate long‑term absence issues early. Where fitness for duties is in question, follow a reasonable process before requesting medical clearance and consider whether adjustments could help the employee return safely.

6) Plan For Special Scenarios

• Recurring short absences: Use your policy to require evidence after a set pattern, and check whether any underlying condition requires adjustments.
• Long-term illness or injury: Monitor entitlements, consider reasonable adjustments, review inherent requirements, and seek advice before any employment decisions.
• End of employment: Calculate final pay, ensure leave balances are correct, and remember sick leave isn’t normally paid out (check any enterprise agreement to confirm).

When your documents and practices line up with the law and your culture, sick leave becomes a manageable, fair process that supports both your people and your business.

Key Takeaways

• Under the NES, full-time employees receive the equivalent of 10 days (76 hours) of paid personal/carer’s leave per year; part-time employees accrue it pro rata based on ordinary hours.
• Leave accrues progressively, carries over year to year if unused, and generally isn’t cashed out on termination unless an instrument expressly permits it.
• Employers can require reasonable evidence - commonly a medical certificate or statutory declaration - guided by a clear policy applied consistently.
• Casual employees don’t get paid sick leave but can access unpaid carer’s leave and compassionate leave; set fair evidence rules for casual absences.
• During notice periods, accrued sick leave can still be used; manage long‑term absences carefully and seek advice when balances run out or fitness for duties is in doubt.
• Get the fundamentals right with a tailored Employment Contract, a practical Workplace Policy and a Staff Handbook, backed by accurate payroll records and manager training.

If you’d like a consultation about sick leave entitlements and setting up compliant leave policies for your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.