Sick Leave and Personal Leave Entitlements in Australia
Last updated: June 2026
Personal/Carer's Leave Under the Fair Work Act
Under the Fair Work Act 2009, all employees (except casual employees) are entitled to 10 days of paid personal/carer's leave per year. This is the same entitlement whether you work full-time or part-time — part-time employees get 10 days pro-rated based on their ordinary hours.
Casual employees do not get paid personal leave, but are entitled to 2 days of unpaid carer's leave per occasion.
What Can You Use It For?
Personal/carer's leave covers:
- Your own illness or injury (sick leave)
- Caring for an immediate family or household member who is sick, injured, or needs care (carer's leave)
- Dealing with an unexpected emergency affecting an immediate family or household member
Immediate family includes your spouse or de facto partner, children, parents, grandparents, grandchildren, and siblings — including step and adopted relatives.
How Does Leave Accumulate?
Personal leave accumulates progressively throughout the year and carries over if unused. There is no cap on how much can accumulate, and unused leave is not paid out when employment ends (unlike annual leave).
| Employee type | Annual entitlement |
|---|---|
| Full-time | 10 days paid |
| Part-time | 10 days pro-rated |
| Casual | 2 days unpaid carer's leave per occasion |
What Can Your Employer Ask For?
Your employer can ask you to provide evidence that would satisfy a reasonable person that the leave was genuine. This is usually a medical certificate, but can also be a statutory declaration. Your employer cannot demand a medical certificate for every single day absent unless your enterprise agreement or contract says so.
Some awards and enterprise agreements require a certificate after a certain number of consecutive days (commonly 3 days).
Unpaid Carer's Leave
If you've used all your paid personal/carer's leave, you're still entitled to 2 days of unpaid carer's leave per occasion to care for a family member.
Compassionate Leave
Separate from personal leave, you're entitled to 2 days of compassionate leave per occasion when a close family member dies or suffers a life-threatening illness or injury. This is paid leave for permanent employees.
What Employers Cannot Do
Your employer cannot:
- Dismiss you because you are temporarily absent due to illness or injury (within the protected period)
- Count sick leave as absence when calculating notice or redundancy pay
- Force you to take sick leave when you're not ill
State and Territory Variations
The Fair Work Act covers most employees. Some state public servants may have different entitlements under state law. Northern Territory and Western Australian state employees not covered by the national system should check their applicable state legislation.