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How much sick and carer’s leave do I get?

48 quoted answers, each with its source

The short answer

All employees, including full-time, part-time and casual employees, are entitled to 10 days of paid family and domestic violence leave each year, and the National Employment Standards minimum applies even if an agreement provides less; the earlier five-day unpaid family and domestic violence leave entitlement is no longer available as at 1 August 2023, although one employer guide from 2025 still lists a five-day unpaid entitlement. For sick and carer's leave, full-time employees are entitled to 10 days of paid personal/carer's leave per year of service, pro-rata for part-time employees, accruing progressively and carrying over from year to year; casual employees are not entitled to paid sick leave but can take 2 days of unpaid carer's leave per permissible occasion, and cannot take that unpaid leave when they could instead take paid personal/carer's leave. An employee can take as much paid sick or carer's leave as they have accumulated, and a registered agreement, award or contract can set different entitlements but not less than the NES minimum. Employees must give notice as soon as practicable, state the period or expected period, and provide evidence that would satisfy a reasonable person if the employer asks; paid personal/carer's leave is paid at the base rate of pay for ordinary hours in the period, and a public holiday falling within the period is not counted as paid personal/carer's leave.

Every part of this comes from the quotes below. How we write these.

What the rules actually say35

Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.

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The Fair Work Ombudsman states that sick and carer's leave is also known as personal leave or personal / carer's leave.

first-party
1 quote from 1 source
It's also known as personal leave or personal / carer's leave.
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The Fair Work Ombudsman states that…

  • full-time employees are entitled to 10 sick days per year for personal leave.
  • personal leave is pro-rata for part-time employees.
first-party
1 quote from 1 source
Full-time employees are entitled to 10 sick days per year. The leave is pro-rata for part-time employees.
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The Fair Work Ombudsman states that the yearly sick and carer's leave entitlement…

  • is based on an employee's ordinary hours of work.
  • can be calculated as 1/26 of an employee's ordinary hours of work in a year.
first-party
1 quote from 1 source
The yearly entitlement is based on an employee’s ordinary hours of work and 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.
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The Fair Work Ombudsman states that unused sick and carer's leave is carried over to the next year.

first-party
1 quote from 1 source
Unused sick and carer’s leave is carried over to the next year.
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The Fair Work Ombudsman states that casual employees are entitled to 2 days of unpaid carer's leave per occasion.

first-party
1 quote from 1 source
Casual employees are entitled to 2 days of unpaid carer’s leave per occasion.
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The Fair Work Ombudsman states that…

  • all employees except casuals are entitled to paid sick and carer's leave.
  • the entitlement to paid sick and carer's leave for all employees except casuals comes from the National Employment Standards.
first-party
1 quote from 1 source
All employees except casuals are entitled to paid sick and carer's leave. This entitlement comes from the National Employment Standards .
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The Fair Work Ombudsman states that…

  • 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.
first-party
1 quote from 1 source
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.
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  • A registered agreement, award or contract can set out different entitlements to paid sick and carer's leave.
  • Entitlements to paid sick and carer's leave set out in a registered agreement, award or contract cannot be less than the minimum in the National Employment Standards.
first-party
1 quote from 1 source
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 National Employment Standards.
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The Fair Work Ombudsman states that 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.

first-party
1 quote from 1 source
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.
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The Fair Work Ombudsman states that an employee needs to give their employer reasonable evidence that they aren't fit for work if their employer asks for it.

first-party
1 quote from 1 source
An employee needs to give their employer reasonable evidence that they aren’t fit for work if their employer asks for it.
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The Fair Work Ombudsman cites Fair Work Act 2009 sections 12, 95-97 and 102-103 as the source reference for its sick and carer's leave page.

first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 12, 95–97, 102–103
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The Fair Work Ombudsman lists…

  • personal/carer's leave as one of the minimum entitlements of the National Employment Standards.
  • compassionate leave as one of the minimum entitlements of the National Employment Standards.
  • family and domestic violence leave as one of the minimum entitlements of the National Employment Standards.
first-party
2 quotes from 1 source
The minimum entitlements of the NES are:
Personal/carer's leave , compassionate leave and family and domestic violence leave
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All employees, including full-time, part-time and casual employees, are entitled to 10 days of paid family and domestic violence leave each year.

first-party
1 quote from 1 source
All employees are entitled to 10 days of paid family and domestic violence leave each year. This includes full-time, part-time and casual employees.
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The Fair Work Ombudsman cites Fair Work Act 2009 sections 12, 106A-106B and 351 as the source reference for its family and domestic violence leave page.

first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 12, 106A–106B, 351
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The Fair Work Ombudsman states that…

  • eligible employees get 10 days of paid family and domestic violence leave even if their agreement provides less.
  • the National Employment Standards always apply as the minimum entitlement.
first-party
1 quote from 1 source
Eligible employees get 10 days of paid family and domestic violence leave even if their agreement provides less. This is because the NES always applies as the minimum entitlement, even if an award or agreement provides less.
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Fair Work Act 2009 section 96(1) entitles an employee to 10 days of paid personal/carer's leave for each year of service with an employer.

first-party
3 quotes from 1 source
For each year of service with an employer (other than periods of employment as a casual employee of the employer), an employee is entitled to 10 days of paid personal/carer’s leave.
96 Entitlement to paid personal/carer’s leave Amount of leave (1) For each year of service with an employer (other than periods of employment as a casual employee of the employer), an employee is entitled to 10 days of paid personal/carer’s leave. Accrual of leave (2) An employee’s entitlement to
Amount of leave (1) For each year of service with an employer (other than periods of employment as a casual employee of the employer), an employee is entitled to 10 days of paid personal/carer’s leave.
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Fair Work Act 2009 section 96(2) provides that paid personal/carer's leave accrues progressively during a year of service according to the employee's ordinary hours of work.

first-party
3 quotes from 1 source
An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service (other than periods of employment as a casual employee of the employer) according to the employee’s ordinary hours of work, and accumulates from year to year.
96 Entitlement to paid personal/carer’s leave Amount of leave (1) For each year of service with an employer (other than periods of employment as a casual employee of the employer), an employee is entitled to 10 days of paid personal/carer’s leave. Accrual of leave (2) An employee’s entitlement to
Accrual of leave (2) An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service (other than periods of employment as a casual employee of the employer) according to the employee’s ordinary hours of work, and accumulates from year to year.
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Fair Work Act 2009 section 97 permits paid personal/carer's leave to be taken because the employee is not fit for work because of personal illness or injury.

first-party
6 quotes from 1 source
An employee may take paid personal/carer’s leave if the leave is taken:
(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or
(b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:
(i) a personal illness, or personal injury, affecting the member; or
(ii) an unexpected emergency affecting the member.
97 Taking paid personal/carer’s leave An employee may take paid personal/carer’s leave if the leave is taken: (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or (b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of: (i) a personal illness, or personal injury, affecting the member; or (ii) an unexpected emergency affecting the member.
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Fair Work Act 2009 section 97 permits paid personal/carer's leave to be taken to provide care or support to a member of the employee's immediate family or household who requires it because of illness, injury or an unexpected emergency.

first-party
7 quotes from 1 source
An employee may take paid personal/carer’s leave if the leave is taken:
(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or
(b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:
(i) a personal illness, or personal injury, affecting the member; or
(ii) an unexpected emergency affecting the member.
97 Taking paid personal/carer’s leave An employee may take paid personal/carer’s leave if the leave is taken: (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or (b) to provide care or support to a member of the employee’s
r’s leave if the leave is taken: (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or (b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of: (i) a personal illness, or personal injury, affecting the member; or (ii) an unexpected emergency affecting the member.
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Fair Work Act 2009 section 99 requires an employer to pay an employee taking paid personal/carer's leave at the employee's base rate of pay for the employee's ordinary hours of work in the period.

first-party
3 quotes from 1 source
If, in accordance with this Subdivision, an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
99 Payment for paid personal/carer’s leave If, in accordance with this Subdivision, an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the
d personal/carer’s leave If, in accordance with this Subdivision, an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
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Fair Work Act 2009 section 107(1) and (2) require…

  • an employee to give the employer notice of taking leave under the Division as soon as practicable, which may be a time after the leave has started.
  • the notice to advise the period or expected period of the leave.
first-party
5 quotes from 1 source
An employee must give his or her employer notice of the taking of leave under this Division by the employee.
(a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and
(b) must advise the employer of the period, or expected period, of the leave.
107 Notice and evidence requirements Notice (1) An employee must give his or her employer notice of the taking of leave under this Division by the employee. (2) The notice: (a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (b) must
(2) The notice: (a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (b) must advise the employer of the period, or expected period, of the leave.
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Fair Work Act 2009 section 107(3) requires an employee, if required by the employer, to give evidence that would satisfy a reasonable person that the leave was taken for a reason specified in section 97.

first-party
5 quotes from 1 source
An employee who has given his or her employer notice of the taking of leave under this Division must, if required by the employer, give the employer evidence that would satisfy a reasonable person that:
(a) if it is paid personal/carer’s leave—the leave is taken for a reason specified in section 97; or
An employee is not entitled to take leave under this Division unless the employee complies with this section.
107 Notice and evidence requirements Notice (1) An employee must give his or her employer notice of the taking of leave under this Division by the employee. (2) The notice: (a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (b) must
Evidence (3) An employee who has given his or her employer notice of the taking of leave under this Division must, if required by the employer, give the employer evidence that would satisfy a reasonable person that: (a) if it is paid personal/carer’s leave—the leave is taken for a reason specified in section 97; or (b) if it is unpaid carer’s leave—the leave is taken for a permissible occasion in circumstances
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Fair Work Act 2009 section 102 entitles an employee to 2 days of unpaid carer's leave for each permissible occasion when a member of the employee's immediate family or household requires care or support because of illness, injury or an unexpected emergency.

first-party
4 quotes from 1 source
An employee is entitled to 2 days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of:
(a) a personal illness, or personal injury, affecting the member; or
(b) an unexpected emergency affecting the member.
102 Entitlement to unpaid carer’s leave An employee is entitled to 2 days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of: (a) a personal illness, or personal injury, affecting the member; or (b) an unexpected emergency affecting the member.
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Fair Work Act 2009 section 103(3) provides that an employee cannot take unpaid carer's leave during a particular period if the employee could instead take paid personal/carer's leave.

first-party
3 quotes from 1 source
An employee cannot take unpaid carer’s leave during a particular period if the employee could instead take paid personal/carer’s leave.
103 Taking unpaid carer’s leave (1) An employee may take unpaid carer’s leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in section 102. (2) An employee may take unpaid carer’s leave for a particular permissible occasion as: (a) a single
(3) An employee cannot take unpaid carer’s leave during a particular period if the employee could instead take paid personal/carer’s leave.
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Fair Work Act 2009 section 98(1) provides that an employee is taken not to be on paid personal/carer's leave on a day or part-day that is a public holiday falling within the leave period.

first-party
3 quotes from 1 source
If the period during which an employee takes paid personal/carer’s leave includes a day or part‑day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer’s leave on that public holiday.
98 Employee taken not to be on paid personal/carer’s leave at certain times Public holidays (1) If the period during which an employee takes paid personal/carer’s leave includes a day or part‑day that is a public holiday in the place where the employee is based for work purposes, the employee is
employee takes paid personal/carer’s leave includes a day or part‑day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer’s leave on that public holiday.
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The Fair Work Ombudsman states that the 5-day unpaid family and domestic violence leave entitlement is no longer available.

first-party
1 quote from 1 source
Before the introduction of paid family and domestic violence leave, eligible employees could access 5 days unpaid family and domestic violence leave. This leave entitlement is no longer available.

Measured finding2

Something someone actually measured, with the method attached.

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The Fair Work Ombudsman reported that its most viewed online library articles in 2024-25 related to…

  • retail casual penalty rates.
  • resignation notice periods.
medium confidencefirst-party
2 quotes from 1 source
In 2024–25 our online library articles were viewed more than 1.6 million times.
The most viewed articles in our library related to annual and personal leave entitlements, retail casual penalty rates and resignation notice periods.

Practical effect2

What is observed to happen in practice, as distinct from what is documented.

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The Fair Work Ombudsman reported that its most viewed online library articles in 2024-25 related to annual and personal leave entitlements.

medium confidencefirst-party
2 quotes from 1 source
In 2024–25 our online library articles were viewed more than 1.6 million times.
The most viewed articles in our library related to annual and personal leave entitlements, retail casual penalty rates and resignation notice periods.
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The Fair Work Ombudsman reported that in 2024-25 its online library articles were viewed more than 1.6 million times.

medium confidencefirst-party
1 quote from 1 source
In 2024–25 our online library articles were viewed more than 1.6 million times.

Changed on1

A dated change. This is where advice quietly stops being true.

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The Fair Work Ombudsman states that before the introduction of paid family and domestic violence leave, eligible employees could access 5 days unpaid family and domestic violence leave.

first-party
1 quote from 1 source
Before the introduction of paid family and domestic violence leave, eligible employees could access 5 days unpaid family and domestic violence leave. This leave entitlement is no longer available.

Disputed between sources1

Sources that do not agree, presented without picking a winner.

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The Fair Work Ombudsman states that all employees are entitled to 10 days of paid family and domestic violence leave each year.

first-partyvendor
3 quotes from 2 sources
All employees are entitled to 10 days of paid family and domestic violence leave each year. This includes full-time, part-time and casual employees.
Before the introduction of paid family and domestic violence leave, eligible employees could access 5 days unpaid family and domestic violence leave. This leave entitlement is no longer available.
as well as five days unpaid family and domestic violence leave for both permanent and casual employees per year.

Often said, but we could not find it in the rules7

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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Employsure's National Employment Standards guide states that the NES include five days unpaid family and domestic violence leave for both permanent and casual employees per year.

vendor
1 quote from 1 source
as well as five days unpaid family and domestic violence leave for both permanent and casual employees per year.
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Employsure's National Employment Standards guide states that casual employees are not entitled to paid annual or sick leave.

vendor
1 quote from 1 source
Casual employees are not entitled to paid annual or sick leave, like full-time and part-time permanent employees.
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Employsure's sick leave guide states that in Australia…

  • full-time employees are entitled to 10 days of paid sick and carer's leave per year.
  • part-time employees receive a pro-rata amount of paid sick and carer's leave based on their hours of work.
vendor
1 quote from 1 source
In Australia, full-time employees are entitled to 10 days of paid sick and carer's leave per year. Part-time employees receive a pro-rata amount based on their hours of work.
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Employsure's sick leave guide states that for…

  • short absences a self-declaration may suffice.
  • longer absences a medical certificate might be appropriate.
vendor
1 quote from 1 source
For short absences, a self-declaration may suffice. For longer absences, a medical certificate might be appropriate.
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Employsure's sick leave guide states that sick leave accrual is 1/26th of an employee's ordinary hours worked each year.

vendor
1 quote from 1 source
Accrual: 1/26th of an employee's ordinary hours worked each year.