Paid sick and carer's leave
An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy related illnesses.
An employee can take paid carer's leave to care for or support a member of their immediate family or household who is:
- injured, or
- has an unexpected emergency.
On this page:
All employees (except casual employees) are entitled to paid sick and carer's leave. This entitlement comes from the National Employment Standards (NES).
Employees may have to give notice or evidence to get paid for sick and carer's leave. Go to the Notice and medical certificates page for more information.
Paid sick and carer's leave comes under the same leave entitlement. It's also known as personal / carer's leave.
The yearly entitlement is based on an employee’s ordinary hours of work.
The leave is 10 days for full-time employees, and pro-rata for part-time employees. This can be calculated as 1/26 of an employee’s ordinary hours of work in a year.
Example: Sick and carer's leave entitlements for part-time employees
Suzanne is a full-time employee who works 38 hours, 5 days a week.
Rebecca is a part-time employee who works an average of 19 hours per week, working a 5-day fortnight. Suzanne gets 76 hours of paid sick and carer's leave per year.
Rebecca gets half of Suzanne’s paid sick and carer's leave (38 hours) per year as she works half the hours Suzanne works.
The amount of paid sick and carer’s leave accumulated over a period isn’t affected by differences in the spread of an employee’s ordinary hours of work in a week.
Example: Different spread of hours
If Suzanne works 38 ordinary hours a week over five days (Monday to Friday), and Jango works 38 ordinary hours over four days per week, they both accumulate the same amount of sick and carer’s leave. Over a year of employment, both employees accumulate 76 hours of paid sick and carer’s leave.
A registered agreement, award or contract can set out different entitlements to paid sick and carer's leave, but they can't be less than the minimum in the NES.
Full-time and part-time employees accumulate sick and carer's leave during each year of employment. It starts accumulating from an employee's first day of work and is based on their ordinary hours of work.
The balance at the end of each year carries over to the next year.
Sick and carer's leave accumulates when an employee is on:
- paid leave, such as:
- paid annual leave
- paid sick and carer's leave
- paid family and domestic violence leave
- community service leave including jury duty
- long service leave.
Sick and carer's leave doesn’t accumulate when the employee is on:
- unpaid annual leave
- unpaid sick or carer's leave
- unpaid parental leave
- unpaid family and domestic violence leave.
Read our Library Article Paid annual leave and sick and carer's leave - FAQs for more information about how sick and carer’s leave accumulates.
To calculate sick and carer's leave entitlements, use our Leave Calculator.
An employee can take as much paid sick or carer's leave as they have accumulated. There is no minimum or maximum amount of paid sick or carer's leave that can be taken at a time.
For what happens if paid leave runs out, go to:
Source reference: Fair Work Act 2009 s.96 and 97 .