Personal leave in Australia: when you can take sick or carer’s leave under the Fair Work Act

Need time off to recover from illness or to care for a loved one? Permanent employees in Australia are entitled to 10 days’ paid personal leave each year under the National Employment Standards (NES), covering personal illness, caring responsibilities and family emergencies.

Those 10 days are in addition to the four weeks of annual leave full-time workers accrue annually, with part-time employees receiving both annual and personal leave on a pro‑rata basis. According to the Fair Work Ombudsman, paid sick leave applies when an employee cannot work due to personal illness or injury.

Full-time workers are entitled to 10 sick leave days a year, and part-time employees receive a commensurate amount based on their hours. Any unused personal leave carries over to the next year.

“The thing about sick leave is you can only take it if you need it, so giving people a sick leave entitlement doesn’t necessarily cost [an employer] a lot of money,” says Joellen Riley, emeritus professor and former University of Sydney Dean of Law.

The Fair Work Act requires employees to provide evidence “to satisfy a reasonable person” that they were genuinely unable to work due to illness, injury or an emergency, and to give notice as soon as reasonably practicable — which can be after leave has begun.

Riley says a medical certificate is usually supplied for an employee’s own illness, but other options can be acceptable. Newcastle GP Max Mollenkopf warns that unnecessary appointments for certificates waste doctors’ time, noting that for a short illness such as a 24‑hour stomach bug, a brief period of leave without a certificate may be sufficient to satisfy a reasonable person.

In some cases, a statutory declaration can be considered reasonable evidence, though Riley cautions that it is “a very serious thing” and making a false declaration is a criminal offence. Beyond the Act, your award, enterprise agreement or workplace policies may set out what evidence your employer will accept.

“An employer has the discretion to prescribe examples of what it is that the employer would require to reasonably satisfy it,” says Adriana Orifici, senior lecturer and director of the Labour, Equality and Human Rights Group at Monash University Business School.

Employees who fall ill or are injured while on annual leave may, according to the Fair Work Ombudsman, choose to use paid personal leave instead of annual leave for that period. Employers can still request notice and evidence. Paid carer’s leave is available to full‑time and part‑time workers and is deducted from the same balance as sick leave.

The framework is designed to support workers through health issues and caring duties while giving employers reasonable assurance about genuine need. Employees should check the Fair Work Act alongside their award or enterprise agreement, and follow their employer’s policies on notice and evidence.