Sick & carer's leave

myth logo Myth: If an employee is sick before or after a public holiday, they don’t get paid for the public holiday

Fact: Normal sick leave rules apply for the day before or after a public holiday. If an employee usually works on the public holiday and is sick, they must be paid for the public holiday.

Read: 5 things to know about public holidays during the Christmas and New Year period.

Sick and carer's leave (also known as personal leave or personal / carer's leave) lets an employee take time off to help them deal with personal illness, caring responsibilities and family emergencies.

Sick leave can be used when an employee is ill or injured.

An employee may have to take time off to care for an immediate family or household member who is sick or injured or help during a family emergency. This is known as carer's leave but it comes out of the employee's personal leave balance.

The National Employment Standards includes both paid and unpaid leave entitlements. For more information go to:

Immediate family members or household members

An immediate family member is a:

  • spouse or former spouse
  • de facto partner or former de facto partner
  • child
  • parent
  • grandparent
  • grandchild
  • sibling, or
  • child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner (or former spouse or de facto partner).

 This definition includes step-relations (eg. step-parents and step-children) as well as adoptive relations.

A household member is any person who lives with the employee.

Source reference: Fair Work Act 2009 s.12 and 97 external-icon.png

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