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.
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If you’re running a business or managing a team, understanding sick leave entitlements in Australia is essential. It helps you support your people when they’re unwell, stay compliant with the Fair Work system, and keep operations running smoothly.
It’s common to have questions like “How much sick leave do employees get?”, “Do part-time staff accrue sick leave?” or “What evidence can we ask for?”. In this guide, we’ll walk through the essentials in plain English so you can make confident, fair decisions.
Below, we cover who gets sick leave, how it accrues, when employees can take it, what evidence is reasonable, and the practical steps to manage tricky scenarios. Let’s dive in.
What Is Sick Leave In Australia?
Under the National Employment Standards (NES), sick leave is called personal/carer’s leave. It gives permanent employees paid time off when they’re unfit for work due to illness or injury, or when they need to care for an immediate family or household member who is sick, injured, or experiencing an unexpected emergency.
This entitlement exists to protect health and safety at work and to provide clear, consistent rules around time away. It applies regardless of industry, in addition to any entitlements under awards or enterprise agreements.
Who Is Entitled To Sick Leave?
Full-Time Employees
Full-time employees are entitled to paid personal/carer’s leave. Accrual starts from day one of employment and continues based on ordinary hours of work.
Part-Time Employees
Part-time employees also accrue paid personal/carer’s leave on a pro‑rata basis (proportional to their ordinary hours). If your business engages part-time staff, ensure their Employment Contract clearly states their hours and leave entitlements.
Casual Employees
Casuals do not receive paid sick leave under the NES. However, they generally receive a higher hourly rate (casual loading) and may take unpaid carer’s leave in certain situations. If you’re unsure about what evidence you can ask a casual to provide, see the guidance on medical certificates for casual employees.
Clear classifications, accurate onboarding, and consistent policies make a big difference here. A simple way to reduce confusion is to pair tailored employment agreements with an accessible workplace policy that explains how leave is requested and approved.
How Much Sick Leave Do Employees Get?
The NES Standard
- Full-time permanent employees: 10 days of paid personal/carer’s leave per year of service, accruing progressively based on ordinary hours.
- Part-time permanent employees: A pro‑rata amount based on ordinary hours (for example, roughly half the entitlement if they work half the full-time hours).
- Carry over: Unused balances roll over year to year under the NES (there’s no cap in the NES, though contracts or enterprise agreements may offer more generous terms).
Importantly, “10 days” is tied to an employee’s ordinary hours, not calendar days. The entitlement accrues gradually and is paid at the employee’s base rate for ordinary hours they would have worked. For a deeper explainer, this overview of how sick leave accrues breaks down common scenarios.
Accrual And Balance Tracking
Accrual happens continuously during employment. Employers must keep proper records of leave accrual and usage. While it’s good practice to show balances on payslips for transparency, the Fair Work laws don’t require payslips to display leave balances. What matters is accurate record-keeping and providing information on request through your payroll or HR systems.
Part-Day And Hourly Use
Personal/carer’s leave can be taken in part-days or single hours where appropriate and consistent with your workplace practices. Many businesses allow hourly or half‑day absences for medical appointments or short recovery periods. Make sure your approach is clearly set out in your policy to avoid confusion.
When Can Employees Take Sick Leave?
Personal Illness Or Injury
Employees can take paid personal leave when they are unfit for work due to illness or injury. This covers everyday matters like the flu, migraines, and recovery from medical procedures, as well as injuries that prevent them from safely performing their duties.
Carer’s Leave
Personal/carer’s leave can also be used to care for an immediate family member or a member of the employee’s household who is ill, injured or facing an unexpected emergency. This comes out of the same balance as personal leave.
From Day One
Accrual starts immediately when employment begins. There’s no qualifying period before an employee can use accrued leave. If an employee needs time off and hasn’t yet accrued enough hours, discuss options such as unpaid leave or annual leave by agreement.
Notice Requirements
Employees should let you know as soon as practicable that they’re taking sick leave and how long they expect to be away. In practice, that usually means before the shift starts (or as soon as they reasonably can if they’re suddenly unwell). This expectation should be outlined in your workplace policy so everyone understands the process.
Protected Right
Genuine use of personal/carer’s leave is protected. You shouldn’t refuse a legitimate sick leave request where the employee has accrued leave, provided notice, and-where requested-reasonable evidence. For a helpful overview of employee and employer obligations, see this guide to taking sick leave in Australia.
Evidence, Notice And Pay: What Employers Can Require
Reasonable Evidence
Employers can request reasonable evidence that would satisfy a reasonable person the employee was unfit for work or needed to provide care. Commonly, that’s a medical certificate or, in some situations, a statutory declaration. You can set expectations in your policy about when evidence is required (for example, after single-day absences, patterns of absenteeism, or extended leave). Evidence can be requested even for a single day where it’s reasonable.
Privacy And Practicality
You can ask for a medical certificate confirming unfitness for work or caring responsibilities, but you generally shouldn’t request detailed personal medical information. Your policy should balance legitimate business needs (like rostering and safety) with employee privacy.
Payment For Sick Leave
Paid personal/carer’s leave is paid at the employee’s base rate for the ordinary hours they would have worked during the period of leave. There’s no additional loading or penalty tied to using sick leave itself. Casuals generally aren’t paid for sick leave, though separate entitlements and supports may apply depending on the circumstances.
Returning To Work
In some cases-such as after a significant injury or surgery-you may reasonably request a medical clearance before the employee returns, particularly for roles with safety risks. Again, keep your approach consistent and documented so employees know what to expect.
Managing Accruals, Unused Leave And Tricky Scenarios
Tracking Balances
Maintain accurate leave records and make it easy for staff to check their balances (for example, via a payroll portal or on request). This improves transparency and reduces disputes.
Unused Sick Leave
Under the NES, unused paid personal/carer’s leave generally carries over year to year and doesn’t get paid out on termination (unless an industrial instrument or contract says otherwise). If this regularly raises questions in your team, this explainer on what happens to unused sick leave is a handy reference.
If An Employee Runs Out Of Sick Leave
When an employee has no paid balance left but is still unwell, consider options like unpaid leave, annual leave by agreement, or alternative duties if appropriate. Long absences should be managed carefully to reduce risk and support the employee; good practices are outlined in this guide on managing sick leave when entitlements run out.
Patterns And Performance Issues
If you notice patterns (for example, frequent Mondays) or broader performance issues, focus on process: request reasonable evidence, document conversations, and follow your performance management procedure. Keep health, safety and anti-discrimination obligations front of mind.
Rostered Or Shift-Based Roles
For shift workers, ensure your policy explains how part-days, minimum notice, and shift coverage operate in your workplace. The goal is to apply the same rules consistently and fairly across the team.
During Notice Periods
Employees can generally use accrued personal/carer’s leave during a notice period if they’re unfit for work or caring for someone who is. Your obligations don’t pause simply because the employment is ending. If you’re navigating a separation, it’s worth reviewing how sick leave interacts with notice using a practical checklist or tailored advice.
Setting Your Business Up For Success
Put It In Writing
The easiest way to prevent confusion and disputes is to document your approach. That usually means a tailored Employment Contract for each role classification and a clear, accessible workplace policy covering notice, evidence, part-days, medical clearances, and how accruals are tracked. Short, plain language documents go a long way.
Train Managers
Make sure managers know how to apply the rules consistently, what they can ask, and when to escalate sensitive issues. Consistency reduces risk and helps your team feel they’re being treated fairly.
Keep Awards And Agreements In View
The NES provides minimum standards, but modern awards and enterprise agreements can include additional entitlements or processes. Always check the applicable industrial instrument before making decisions.
Know When To Get Advice
Complex or high‑risk situations-like very long absences, medical capacity disputes, or potential termination-benefit from early legal guidance. A brief check-in can save a lot of stress later.
For a practical refresher on rights and responsibilities, you can also share this friendly overview with your team: Taking Sick Leave In Australia: Rights & Obligations.
Key Takeaways
- Personal/carer’s leave (sick leave) is a protected entitlement for permanent employees under the NES and accrues from the first day of employment based on ordinary hours.
- Full-time staff receive 10 days per year, part-time staff accrue pro‑rata, and unused balances roll over; casuals don’t get paid sick leave but may access unpaid carer’s leave.
- Employees can use sick leave when unfit for work or to care for an immediate family or household member, including part‑days where appropriate and consistent with workplace practices.
- Employers can request reasonable evidence (such as a medical certificate) and should set clear expectations around notice, evidence, and return‑to‑work processes.
- Payslips don’t have to display leave balances, but accurate leave records are mandatory and employees should be able to access balance information on request.
- Put your approach in writing with tailored contracts and a clear policy, and seek advice early for complex situations like long absences or capacity disputes; resources on accrual, unused leave and when leave runs out can help.
If you’d like a consultation on managing sick leave entitlements in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
