Personal, carer's & compassionate leave

From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

Entitlements to personal / carer’s leave and compassionate leave under the NES are:

Paid personal / carer’s leave

  • Who: for all employees except casuals.
  • When: when the employee is sick or injured or when the employee needs to care for an immediate family or household member who's sick, injured or has an unexpected emergency.  
  • Immediate family is an employee's:
    • spouse
    • de facto partner
    • child
    • parent
    • grandparent
    • grandchild
    • sibling, or a
    • child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.

You can use the Leave Calculator to calculate personal leave entitlements under the NES.

Unpaid carer's leave

  • Who: for all employees, including casuals.
  • When: same as for paid carer’s leave.  (Full and part-time employees can only use this when they have used up all of their paid personal / carer’s leave).

Paid compassionate leave

  • Who: for all employees except casuals
  • When: an immediate family or household member:
    • gets an injury or illness that threatens their life; or
    • dies.

Unpaid compassionate leave

  • Who: for casual employees only.
  • When: same as for paid compassionate leave.

Note: An employee is not entitled to take or acrue any personal / carer's leave or compassionate leave while getting worker's compensation payments. This applies unless there's an applicable federal, state or territory law about workers compensation that says otherwise.

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Page last updated: 17 Sep 2010