Recent Federal Court decision: accrual of personal/carer’s leave

On 21 August 2019, the Full Federal Court of Australia handed down a decision in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138. The decision deals with the method of accruing and taking paid personal/carer’s leave for the purposes of the National Employment Standards under the Fair Work Act 2009.

The Australian Government and the company involved in the case, Mondelez Australia Pty Ltd, have applied to the High Court of Australia to appeal this decision. If the applications are granted, the appeal then needs to be heard and considered by the High Court. This process is expected to take some time. In the meantime, the 21 August 2019 decision is the current state of the law and applies to affected employers and employees.

In the decision, the majority of the Full Federal Court determined:

  • Full-time and part-time employees are entitled to 10 working days of paid personal/carer’s leave for each year of employment.
  • The leave protects those employees’ income when they are entitled to be absent from work due to illness or injury (or providing care or support to a family or household member who is ill, injured or suffering from an unexpected emergency).
  • The leave must be calculated in working days, not hours. A working day is the portion of a 24 hour period that an employee would otherwise be working.
  • An employee’s entitlement is expressly based upon time working for the employer and is expressly calculated in days.
  • For every day of personal/carer’s leave taken, an employer deducts a day from the employee’s accrued leave balance. If an employee takes a part-day of leave, then an equivalent part-day is deducted from the employee’s accrued leave balance.

Read more about accumulating and taking paid sick and carer’s (personal/carer’s) leave on our Paid sick & carer’s leave page.

We will continue to update information on our website and send email updates about any significant changes. Subscribe to email updates.

Read the Federal Court of Australia’s decision in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138 external-icon.png .

Want to save this information for later?

If you might need to read this information again, save it for later so you can access it quickly and easily.

pdfButtonLong

Page reference No: 9196