Payment for sick & carer's leave

Sick and carer’s leave is paid at an employee’s base pay rate for each hour or part of an hour of leave they take.

An employee who takes paid sick or carer’s leave is only paid for the hours they would normally work (not including overtime hours).

A base pay rate doesn't include separate entitlements such as:

  • incentive-based payments
  • bonuses
  • loadings
  • allowances
  • overtime
  • penalty rates.

Example: Paid sick and carer’s leave on ordinary hours

Steve works 9am-5pm Monday to Friday every week. For the last 6 months he has been working overtime on Wednesday night until 7pm. Steve became sick with a cold and couldn't come into work on Wednesday. When he received his pay, he noticed his employer paid him his normal hours between 9am-5pm as sick leave and did not pay his 2 hours of overtime. This is correct as his overtime is not included in his base pay rate.

Employees have to give notice to get paid for sick and carer’s leave. An employer can ask for evidence of an employee’s reason for taking sick or carer’s leave. Go to the Notice and medical certificates page for more information.

Source reference: Fair Work Act 2009 s.99 external-icon.png

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Page reference No: 1899