Your Guide To Sick Days In Australian Employment Law

Taking time off when you’re unwell is essential - for your recovery and for a safe, productive workplace. In Australia, sick days (personal/carer’s leave) are a core entitlement, but the rules can feel confusing if you’re running a business or managing a team.

How many sick days do staff get? What counts as evidence? Are mental health days or elective surgery covered? And what happens if an absence stretches into months?

In this guide, we’ll walk through the key rules in plain English so you can make confident, compliant decisions. Whether you’re an employer putting policies in place or an employee wanting to understand your sick leave rights, we’ll cover the essentials - from entitlements and evidence to long-term absences and dismissal risks.

Sick Leave Basics: Who Gets It And When You Can Use It

Under Australia’s national workplace laws, “sick leave” is the everyday term for paid personal/carer’s leave. It lets an employee take time off when they’re unfit for work because of illness or injury, or when they need to care for (or support) an immediate family or household member who’s sick, injured, or experiencing an unexpected emergency.

Who Is Entitled?

• Full-time employees are entitled to paid personal/carer’s leave.
• Part-time employees get paid personal/carer’s leave on a pro‑rata basis.
• Casual employees don’t receive paid personal/carer’s leave, but can take unpaid carer’s leave in certain situations.

What Situations Are Covered?

• Illness or injury that makes the employee unfit for work (physical or psychological).
• Caring responsibilities for an immediate family or household member who’s unwell, injured, or facing an emergency.

Importantly, sick leave applies to both physical and mental health. If an employee is unable to work due to anxiety, stress, burnout, or other mental health conditions, they can access paid personal leave with appropriate evidence.

Is Elective Surgery Covered?

Yes - if an employee is medically unfit for work due to a procedure and recovery, personal leave can be taken (whether the surgery is elective or not). Employers can request reasonable evidence that the person is unfit for work for the relevant period. The key is medical incapacity, not whether the procedure is “elective.”

How Many Sick Days Do Employees Get In Australia?

The standard entitlement for permanent employees is 10 days of paid personal/carer’s leave per year, accruing progressively based on ordinary hours. Part-time staff accrue on a pro‑rata basis. Casual employees are not entitled to paid personal/carer’s leave.

• Accrual happens over the year and carries over if unused.
• There’s no cap on how much paid personal leave can accrue.
• Personal leave can be taken in part-days where needed.

Unused paid personal/carer’s leave is not paid out when employment ends. This applies regardless of any award or agreement - payout doesn’t apply to this type of leave. If you’re weighing how unused balances are handled, it’s worth reading up on what happens to unused sick leave in practice.

Evidence, Notice And Workplace Policies

Employers can require “reasonable evidence” that the employee was (or is) entitled to personal/carer’s leave for the period. In many cases, that is a medical certificate or a statutory declaration. Employers can also set fair notice and evidence rules through workplace policies, as long as they’re consistent with the law and any applicable award or agreement.

Reasonable Evidence

• A doctor’s certificate stating the employee was unfit for work for a specified period.
• A statutory declaration confirming the reason for the absence and dates.

If an absence is short and it’s not practical to get a certificate, some workplaces allow self-certification in certain circumstances. If you’re unsure where the line is, this explainer on sick days without a certificate is a helpful reference. Where a medical certificate isn’t available, employees may be asked to provide a statutory declaration for sick leave.

Notice Requirements

Employees should let their employer know as soon as possible, ideally before the shift starts, and indicate how long they expect to be away.

Build Clear Policies

Well-drafted policies create certainty. Set out how to notify the business, timelines for notice, what evidence the business may request, and the process for extended absences. If you’re formalising your rules, an Employment Contract and a tailored Workplace Policy help ensure expectations are clear from day one.

Long-Term Illness, Temporary Absence And Dismissal Risks

Sometimes illness or injury lasts longer than a few days. Managing longer absences requires care because different legal protections can apply at different times. Here are the key concepts to understand.

Paid, Then Unpaid Time Off

• While an employee has accrued paid personal/carer’s leave, they’re entitled to use it when unfit for work.
• Once paid leave runs out, you can consider unpaid personal leave, annual leave by agreement, or other flexible arrangements. This overview on managing sick leave when entitlements run out outlines practical options.

“Temporary Absence” Protections Are Separate From Unfair Dismissal

It’s unlawful to dismiss an employee because of a “temporary absence” due to illness or injury (provided evidence requirements are met). Generally, an absence is “temporary” if it’s three months or less (or a total of up to three months over a 12‑month period). These protections sit under specific provisions and are distinct from the unfair dismissal regime.

Unfair dismissal is a separate framework that considers whether a dismissal was harsh, unjust or unreasonable. Capacity (an employee’s ability to perform the inherent requirements of their role) can be a valid reason for dismissal in some cases - but only after a careful, fair process and where medical evidence supports the position. General protections and anti‑discrimination laws may also apply if action is taken because of illness or disability.

Because these regimes overlap and the thresholds differ, get advice before making any decision about ending employment connected to illness. A quick read of termination on medical grounds highlights the steps employers should work through.

Flexible Work And Adjusted Duties

Often, small adjustments help employees return sooner and safely - think temporary reduced hours, modified duties, or hybrid work. Where it’s reasonable to do so, these options can be a practical way to support recovery and reduce business disruption.

COVID-19 And Infectious Illnesses

If an employee is unwell with COVID‑19 or another infectious illness and can’t work, they can access paid personal leave (if accrued). If they need to care for an immediate family or household member who’s unwell, paid carer’s leave may apply. Once paid leave is exhausted, consider unpaid carer’s leave or annual leave by agreement.

Paying, Accruing And Managing Sick Leave

Getting the day‑to‑day mechanics right prevents most issues. Here’s a practical checklist for employers and managers.

How Sick Leave Is Paid

• Paid at the employee’s base rate for ordinary hours they would’ve worked.
• No penalty rates or loadings apply to sick leave unless an award, enterprise agreement or contract says otherwise.
• Casuals receive no paid personal/carer’s leave (their casual loading compensates for this). Where evidence is needed for a casual absence, you can set reasonable requirements. If you’re navigating proof requests, this guide to medical certificates for casual employees is useful.

How Sick Leave Accrues

• Accrues progressively based on ordinary hours worked (not calendar days).
• Unused balances carry over from year to year and can build without a cap.
• Balances are not paid out on termination - if you need a refresher, here’s what to know about unused sick leave.

Requests, Records And Disputes

• Have a simple process for applying for leave and providing evidence.
• Set timelines for notice (e.g. “before shift where possible”) and escalation if absences become frequent.
• Document discussions, accommodations, and evidence to avoid confusion later.
• If paid leave is exhausted, consider options like unpaid personal leave in line with your policies and this overview of unpaid leave.

Frequent Or Questionable Absences

If you reasonably suspect misuse, you can ask for further evidence. Avoid jumping straight to disciplinary action - follow a fair process, give the employee an opportunity to explain, and make decisions based on evidence. Where patterns persist, performance or capacity processes may be appropriate, but keep the legal risks in mind (especially temporary absence, general protections and discrimination).

Mental Health Days And Psychological Safety

Encourage early disclosure and support when staff are struggling. Personal leave applies to mental health-related incapacity, and an open, respectful culture reduces the chance of conflict. Practical steps include manager training, a clear policy, and consistent expectations around evidence.

Key Takeaways

• Permanent employees accrue 10 days of paid personal/carer’s leave each year (pro‑rata for part-time); casuals don’t receive paid personal leave but can access unpaid carer’s leave in some cases.
• Personal leave covers illness or injury and caring responsibilities - including mental health and recovery from elective surgery - where the employee is unfit for work and provides reasonable evidence.
• Unused paid personal/carer’s leave carries over year to year and is not paid out on termination.
• Employers can set reasonable notice and evidence rules in an Employment Contract and Workplace Policy, provided they’re consistent with workplace laws and any award or agreement.
• Longer absences require care: “temporary absence” protections (around the three‑month threshold) are separate from unfair dismissal rules; always work through a fair, evidence‑based process and seek advice before ending employment.
• When paid leave runs out, consider options like unpaid personal leave, annual leave by agreement, or flexible duties to support a safe return.

If you’d like a consultation on sick leave, workplace compliance, or employment law for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.