Sick Leave Per Year: Employer Obligations In Australia

When a team member calls in sick, you want to do the right thing by them and your business. Knowing exactly how much sick leave an employee gets per year, when you can ask for evidence, and how to pay and record it will help you stay compliant and fair.

In Australia, sick leave is part of the National Employment Standards (NES) and the rules apply across most workplaces. In this guide, we break down what you need to provide, how accrual works for full-time, part-time and casual employees, and practical steps for managing absences lawfully and sensitively.

If you’re setting up foundations for your team, you’ll also see where documents like an Employment Contract and a clear workplace policy support everyday decision-making around personal/carer’s leave.

How Much Sick Leave Do Employees Get Per Year?

Under the NES, full-time and part-time employees are entitled to paid personal/carer’s leave (often called “sick leave”). The entitlement is 10 days per year for a full-time employee, and it accrues progressively during the year based on ordinary hours worked.

Part-time employees accrue this leave on a pro-rata basis according to their ordinary hours. For example, if a part-time employee works half the full-time hours, they accrue half the annual entitlement over time.

Accrual is calculated as 1/26 of an employee’s ordinary hours of work for each pay period. This means leave builds up each pay cycle and can be taken as needed once it’s accrued.

Personal/carer’s leave is cumulative. Any unused balance carries over year to year, so employees can build a buffer for when they need it most.

Personal/carer’s leave can be used when an employee is unfit for work due to illness or injury, or to provide care or support to a member of their immediate family or household because of illness, injury or an unexpected emergency.

Who Is Eligible? Full-Time, Part-Time And Casual Employees

Paid personal/carer’s leave applies to full-time and part-time employees. Casual employees do not receive paid personal/carer’s leave but do have access to certain unpaid leave entitlements under the NES.

Full-Time Employees

• Accrue 10 days paid personal/carer’s leave per year.
• Accrue leave progressively and cumulatively.
• Can take leave for their own illness/injury or to care for an immediate family/household member.

Part-Time Employees

• Accrue paid personal/carer’s leave on a pro-rata basis according to ordinary hours.
• Accrue progressively and cumulatively (carry over applies).

Casual Employees

• No paid personal/carer’s leave under the NES.
• Entitled to unpaid carer’s leave per permissible occasion and other NES unpaid leave entitlements as applicable.
• You can still request appropriate medical certificates or evidence when casuals access unpaid carer’s leave (where reasonable).

Regardless of employment type, it’s smart to document expectations clearly in an Employment Contract and your leave policy so everyone understands the process for notice, evidence and payment.

Evidence, Certificates And Notice Requirements

Employees should let you know as soon as possible that they’re taking personal/carer’s leave, including the expected length of absence. You can require evidence that would satisfy a reasonable person that the employee was genuinely unfit for work or needed to care for a family/household member.

What Evidence Is Reasonable?

• A medical certificate from a registered health practitioner is commonly used.
• A statutory declaration can also be reasonable evidence in many circumstances.
• In some cases, you may accept other reasonable evidence (for example, a pharmacy receipt if consistent with the absence and your policy), but avoid setting the bar so high that it becomes impractical or unfair.

Best practice is to make your expectations clear in a written leave policy. A simple, consistent approach helps you treat everyone fairly and avoid disputes. If you don’t already have one, consider introducing a tailored workplace policy that covers when medical evidence is required (e.g., after one day, when the day falls before/after a public holiday, or for repeated short absences).

Can You Require Evidence For One Day Off?

Yes. The Fair Work framework allows you to require evidence for any period of personal/carer’s leave, even one day, provided the request is reasonable and consistent with your policy or contract. That said, keep proportionality in mind-what’s reasonable can depend on the circumstances.

What About “Sick Days Without A Certificate”?

There’s a lot of confusion around “no certificate days.” The law doesn’t automatically grant a set number of days without evidence. Whether an employee can take a day without a certificate depends on your contract, policies and the reasonableness of your request for evidence. For context and common scenarios, see this explainer on sick days without a certificate.

Paying, Accruing And Carrying Over Sick Leave

When an employee takes paid personal/carer’s leave, you must pay them at their base rate of pay for their ordinary hours during the period of leave. This does not include overtime rates, penalties or allowances unless the applicable industrial instrument requires otherwise.

Superannuation generally applies to paid sick leave because it forms part of an employee’s Ordinary Time Earnings. Make sure your payroll settings reflect this so you don’t underpay super.

Accrual And Carry Over

• Leave accrues progressively as 1/26 of ordinary hours worked.
• It accumulates year to year until used.
• Part-time employees accrue pro rata; casuals do not accrue paid personal/carer’s leave.

Public Holidays And Annual Leave Interactions

• If a public holiday falls during a period of paid sick leave, that day is treated as a paid public holiday, not as a day of sick leave.
• If an employee becomes sick while on approved annual leave and provides reasonable evidence, the annual leave days may be re-credited and taken as paid personal/carer’s leave instead (subject to your policy and the applicable instrument).

Is Unused Sick Leave Paid Out On Termination?

Generally, no-unused personal/carer’s leave is not paid out when employment ends, unless the applicable enterprise agreement, award or contract specifically provides for it. For practical guidance, see what happens to unused sick leave.

Managing Absences And Return-To-Work Lawfully

Balancing legal compliance with care for your people is key. A clear process helps your managers handle absences consistently and lawfully.

Set Clear Processes (And Follow Them)

• Explain notice and evidence requirements in your workplace policy and contracts.
• Provide a simple way for employees to notify you (e.g., call before shift) and identify who they should contact.
• Keep reliable records of requests, evidence and approvals in your HR system.

Requesting Fitness To Return To Work

If there’s a genuine concern about health and safety or the employee’s capacity to perform inherent requirements, it can be reasonable to request a medical clearance to return to work. Make the request proportionate, explain what information you need (and why), and avoid collecting more health information than necessary.

Privacy And Sensitive Health Information

Medical information is sensitive. Only collect what you reasonably need and handle it securely. If you need an employee’s consent to obtain information from a treating practitioner, use an appropriate consent form-many employers use a short medical release consent form for this purpose. Keep your privacy practices aligned with your policies and the Privacy Act obligations.

When Paid Entitlements Run Out

Sometimes, employees exhaust their paid balance but still need time off. You may consider unpaid personal/carer’s leave, annual leave, or other options available under your award or policy. For practical options and risk points, review how to manage sick leave when entitlements run out.

In appropriate cases-especially for longer absences-unpaid leave might be suitable, but it should be handled consistently with your policies and industrial instrument. If you’re unsure how to structure it, see the quick guide on leave without pay rules.

Focus On “Good Reasons” And Fair Process

Not all absences are equal. Most employees take sick leave in good faith and for “good reasons” such as illness, medical appointments or caring responsibilities. Having a fair process and consistent communication (including return-to-work discussions) helps you support genuine cases and spot patterns that may need careful management-without stepping into unlawful adverse action or discrimination territory.

FAQs And Edge Cases For Employers

Can Employees Take Sick Leave During Their Notice Period?

Yes. Employees remain entitled to accrued paid personal/carer’s leave during a lawful notice period (and you should pay the base rate for ordinary hours as usual). if you’re navigating a departure, it’s also worth ensuring your contracts and termination documents reflect the correct treatment of leave and notice.

Can We Ask For A Certificate For A Single-Day Absence Before Or After A Public Holiday?

Yes, if that requirement is set out in your policy or contract and is reasonable. Many businesses apply the same rule to the day before/after a public holiday to manage attendance and fairness across the team.

What If An Employee Can’t Get In To See A Doctor?

It may be reasonable to accept a statutory declaration or similar evidence, especially for short absences where seeing a GP is impractical. Your policy can outline alternative evidence you’ll accept and when.

Do We Pay Superannuation On Paid Sick Leave?

In most cases, paid personal/carer’s leave forms part of Ordinary Time Earnings, so superannuation is payable. Check your payroll settings and any applicable industrial instrument.

Can We Refuse Sick Leave If We Think It’s Not Genuine?

Be careful. You can ask for reasonable evidence and take proportionate steps if you suspect abuse, but avoid knee-jerk refusals. Apply your policy consistently, assess any evidence provided, and consider seeking HR or legal advice before taking disciplinary action.

How Should We Store Medical Certificates?

Securely, and only for as long as needed. Limit access to those who need it for HR or payroll purposes, and align your practice with your privacy policies and legal obligations.

Setting Up Your Sick Leave Framework: Practical Steps

1) Write It Into Your Contracts

Make sure your Employment Contract reflects the NES entitlements and any additional rules under the applicable award or agreement. Confirm how employees give notice, when evidence is required, and how leave is paid and recorded.

2) Adopt A Clear Leave Policy

Document the who/what/when of personal/carer’s leave in a user-friendly workplace policy. Cover notice expectations, what counts as reasonable evidence, how to request extended absences, and when you may request fitness-for-work information.

3) Train Managers And Standardise Forms

Provide short guidance for managers so decisions are consistent. Standardise request forms, return-to-work forms and any necessary medical consent paperwork so employees have a single, simple process to follow.

4) Keep Accurate Records

Track accrual, usage, evidence and approvals in your HR/payroll system. Accurate records protect you in audits or disputes and help you spot trends early so you can support your team proactively.

5) Manage Return-To-Work Thoughtfully

Use return-to-work chats to check supports, discuss temporary adjustments and confirm the employee can safely perform the inherent requirements. Where appropriate, request a proportionate medical clearance before the employee resumes work.

Key Takeaways

• Full-time employees accrue 10 days of paid personal/carer’s leave per year; part-time employees accrue pro rata, and casuals do not receive paid personal/carer’s leave.
• Leave accrues progressively (1/26 of ordinary hours each pay period), carries over year to year, and is generally not paid out on termination unless an instrument says otherwise.
• You can require reasonable evidence for any absence-typically a medical certificate or a statutory declaration-as long as your request is proportionate and consistent with policy.
• Paid sick leave is usually part of Ordinary Time Earnings, so remember to pay super and record leave correctly in payroll.
• A clear workplace policy, strong contracts and consistent processes help you manage absences fairly and lawfully, including return-to-work and privacy steps.
• If paid balances are exhausted, consider options like unpaid leave or other entitlements in line with your policy, award and the NES, and handle longer absences with care.

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