Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
Managing sick leave well is part of running a fair, compliant workplace in Queensland. It helps your team recover, keeps morale high and protects your business from legal risk.
While employment law can feel complex, the good news is that most sick leave rules in Queensland flow from the National Employment Standards (NES) under the Fair Work Act. That means the core rules are nationally consistent, with some practical differences depending on your award, enterprise agreement and workplace policies.
In this guide, we’ll walk you through what counts as sick leave, how it accrues, what evidence you can reasonably request, and simple steps to manage absences confidently and lawfully.
What Counts As Sick Leave In Queensland?
“Sick leave” sits within the broader entitlement called Personal/Carer’s Leave under the NES. Employees can take it when they’re unwell or injured, or when they need to care for an immediate family or household member who is sick, injured or experiencing an unexpected emergency.
In Queensland, like the rest of Australia, these rules apply to full-time and part-time employees covered by the Fair Work Act. Casual employees are not entitled to paid sick leave, but they can access two days of unpaid carer’s leave per occasion.
If you’re looking for a quick refresher on the national position, our overview of taking sick leave in Australia sets out the key principles that also apply in Queensland workplaces.
Awards and enterprise agreements can add extra detail, such as notice requirements or evidence expectations for short absences. Your workplace policies should mirror those standards and clarify your expectations so everyone understands the process.
How Much Sick Leave Do Employees Accrue?
Under the NES, full-time employees accrue 10 days of paid personal/carer’s leave per year, based on ordinary hours and accruing progressively during employment. Part-time employees accrue on a pro-rata basis.
In practice, this means leave builds up over time as hours are worked. It carries over year to year if unused. Casuals don’t accrue paid sick leave, but may access unpaid carer’s leave and compassionate leave when needed.
It’s common to ask: do these days accrue daily, weekly or monthly? The answer is that accrual is based on ordinary hours worked and calculated in hours, not calendar days. If you’re reconciling systems or policy settings, this distinction matters. We cover this in more detail in our guide on whether sick days accrue in Australia.
Key points to remember:
- Accrual continues while employees are on paid leave (like annual leave), but not during unpaid leave or unauthorised absences.
- Unused paid personal/carer’s leave is not paid out on termination under the NES (unless an award or agreement says otherwise). If questions come up about balances on exit, it helps to understand what happens to unused sick leave in Australia.
- Public holidays falling during a period of paid sick leave are treated as public holidays (not deducted from the sick leave balance).
Because leave accounting is technical, it’s wise to align your HRIS settings, payroll rules and policies so they are consistent and easy to apply day to day.
Evidence, Notice And Medical Certificates: What Can You Ask For?
Employees must let you know they’re taking sick leave as soon as practicable and advise you of the expected period of absence. You can ask for “evidence that would satisfy a reasonable person” for paid sick leave and carer’s leave.
In Queensland, reasonable evidence often means a medical certificate or statutory declaration. For shorter absences, some businesses accept a stat dec rather than a GP visit, especially where access to medical appointments is limited. If you’re setting this up, see our practical guide to statutory declarations for sick leave.
It’s also common to wonder when it’s appropriate to insist on a certificate. As a general rule, you can require reasonable evidence for any period of sick leave if your policy says so, but the standard is what a “reasonable person” would accept. For more detail on striking that balance, refer to when employers can ask for medical certificates.
What about casual employees? They don’t receive paid sick leave, but you can still ask for evidence when they take unpaid carer’s leave. Your approach should be consistent and proportionate, and our guide to medical certificates for casual employees explains how to handle those requests fairly.
Whatever standard you choose, document it clearly in your policies and contracts, apply it consistently, and make sure managers know how to communicate it with empathy and privacy in mind.
Managing Sick Leave In Practice: Policies, Contracts And Communication
The rules above are the legal baseline. Day to day, you’ll also want clear systems that support attendance, recovery and safe return to work. The building blocks are simple:
Set Clear Expectations In Contracts And Policies
Start with a well-drafted Employment Contract for every full-time and part-time employee that aligns with the applicable award (if any) and the NES.
Back this up with a practical policy inside a Staff Handbook so employees know how to report illness, when evidence is needed, and who to contact about returning to work.
Support Health And Mental Wellbeing
Some absences relate to mental health, stress or burnout. Your approach should comply with work health and safety obligations and the Fair Work Act. If you’re formalising your approach, consider your obligations around employee mental health under Fair Work and ensure your policy speaks to flexible, reasonable adjustments where appropriate.
Handle Extended Or Repeated Absences
If an employee runs out of paid sick leave but still needs time off, you may be able to offer unpaid leave or other flexible arrangements. The legal framework around managing sick leave when entitlements run out is nuanced, so it’s best to plan ahead and communicate options early.
Unpaid personal/carer’s leave and other options can be appropriate in some cases, and our overview of unpaid leave in Australian employment law is a helpful starting point.
Coordinate Return-To-Work
For longer absences, ask for evidence that the employee is fit to return and consider transitional duties if needed. That might include a graduated return, lighter tasks or adjusted hours. It’s important to consult the employee and confirm any changes in writing.
Your communication should be consistent and respectful. Keep records of discussions, evidence and decisions so you have a clear history if issues arise later.
Pay, Rosters And Edge Cases: Common Employer Questions
Do You Pay Sick Leave At Base Rate?
Paid personal/carer’s leave is paid at the employee’s base rate for the ordinary hours they would have worked that day. Allowances, overtime and penalty rates generally don’t apply while on paid sick leave (check your award or agreement to confirm).
Can You Decline Sick Leave If Notice Is Short?
Employees must notify you as soon as practicable, but short notice alone is not a reason to deny paid sick leave. You can require evidence in line with your policy. If the evidence is not provided when reasonably requested, you can treat the absence as unpaid.
What If Sick Leave Is Taken During Notice Period?
Employees can access accrued paid sick leave during a resignation or termination notice period if they’re unwell. This can affect last-day logistics, handovers and final pay timing, so make sure managers are across the rules and factor it into planning. If this comes up often, our guidance on sick leave during notice periods can help you set a consistent approach.
Can You Ask For Fitness For Work Clearance?
For longer or repeated absences, or where safety risks are present, it’s reasonable to request a fit-for-work or return-to-work clearance from a treating practitioner. Always tailor your request to the inherent requirements of the role and handle medical information confidentially.
Dealing With Misuse, Performance And Long-Term Capacity
Most sick leave is genuine, but you still need a plan for suspected misuse or extended incapacity. The aim is to balance fairness with your operational needs and legal obligations.
When Absences Affect Performance
Where attendance issues start to impact performance and team workload, follow a fair and transparent process. That usually means identifying concerns, offering support and reasonable adjustments, setting expectations and reviewing progress over time. If you need a structured roadmap, a formal performance management process helps you remain consistent and procedurally fair.
Medical Incapacity And Lawful Termination
In some cases, an employee may be unable to perform the inherent requirements of their role for a prolonged period, even with adjustments. Termination on medical grounds is possible in limited circumstances, but only after a careful, evidence-based process that considers discrimination and general protections risks. Our guide to termination on medical grounds outlines the key steps and risks to watch.
Before moving in this direction, it’s best to get legal advice. The line between a lawful capacity-based decision and an unlawful dismissal can be fine, and each case turns on its facts.
Simple Compliance Steps For Queensland Employers
If you’re refreshing your sick leave settings, these actions will take you a long way:
- Align your employment contracts, policies and payroll settings with the NES, your award or agreement, and your roster practices.
- Decide and document what “reasonable evidence” means in your business, including when you’ll accept a medical certificate versus a statutory declaration.
- Train managers on how to handle notifications, evidence requests and return-to-work conversations with empathy and privacy in mind.
- Plan for edge cases: extended absences, exhaustion of entitlements, mental health-related absences, and absences during notice periods.
- Keep good records of absences, evidence, communications and decisions to support consistency and compliance.
If you need to close gaps, start with your core documents. A current Employment Contract and an up-to-date policy inside your Staff Handbook will set clear expectations and reduce disputes before they arise.
Key Takeaways
- In Queensland, paid sick leave forms part of the NES personal/carer’s leave and generally applies the same way as the rest of Australia.
- Full-time employees accrue 10 days per year (pro-rata for part-time), calculated in hours and carrying over year to year if unused.
- You can require reasonable evidence such as a medical certificate or statutory declaration, applied consistently under a clear policy.
- Have a plan for extended absences, including options when paid leave runs out and a safe, supportive return-to-work process.
- Address patterns or performance impacts fairly, and seek advice early if considering capacity-based termination to avoid legal risk.
- Strong foundations-current contracts, a clear policy and trained managers-make sick leave compliance simpler and more consistent.
If you’d like a consultation on Queensland sick leave entitlements and the right contracts and policies for your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
