Sick Leave in Australia: How Much, When and How to Claim

Under the National Employment Standards (NES), most Australian employees are entitled to paid personal/carer's leave — commonly known as sick leave. This entitlement exists to protect workers who cannot attend work due to illness, injury, or family care responsibilities.

How Much Sick Leave Do You Get?

The NES entitlement is 10 days of paid personal/carer's leave per year for full-time employees. The amount scales proportionately for part-time workers:

Full-time — 10 days per year
Part-time — pro-rata based on ordinary hours (e.g., 3 days per week = 6 days per year)
Casual employees — casuals do not receive paid sick leave. However, casuals are entitled to 2 days of unpaid carer's leave per occasion.

Unlike annual leave, unused sick leave accumulates indefinitely. If you only use 3 days in a year, the remaining 7 days roll over to the next year and continue to build up throughout your employment.

When Can You Use Sick Leave?

Personal/carer's leave can be used in two situations:

You are ill or injured — you are unfit for work because of a personal illness or injury, including mental health conditions
You need to care for a family member — a member of your immediate family or household is ill, injured, or has an unexpected emergency requiring your care or support

The definition of "immediate family" includes a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling — including step-relatives and adopted family members.

Family and domestic violence leave is a separate entitlement under the NES — all employees (including casuals) receive 10 days of paid family and domestic violence leave per year. This is distinct from personal/carer's leave.

What Evidence Can Your Employer Ask For?

Your employer can request reasonable evidence that you were genuinely unfit for work or caring for a family member. What counts as reasonable evidence depends on the circumstances:

A medical certificate from a registered health practitioner is the most common form of evidence
A statutory declaration (a signed legal document) is also accepted
For short absences, some employers do not ask for evidence at all

Your employer is more likely to request evidence if:

You are absent for 2 or more consecutive days
You have a pattern of taking sick leave on Mondays or Fridays (or surrounding public holidays)
Your absence coincides with a rostered shift on a high-penalty day

Your employer cannot require you to provide a medical certificate for every single day of absence as a blanket policy — the request must be reasonable in the circumstances. If you believe an evidence request is unreasonable, seek advice from the Fair Work Ombudsman.

Unpaid Carer's Leave

In addition to the 10 days of paid leave, all employees (including casuals) are entitled to 2 days of unpaid carer's leave per occasion when:

A member of their immediate family or household requires care or support due to an unexpected illness, injury, or emergency
Their paid personal/carer's leave balance has run out

This unpaid leave is available per occasion, not per year — so there is no annual cap.

Compassionate Leave

All employees are also entitled to 2 days of paid compassionate leave per occasion when:

A member of their immediate family or household dies, or
A member of their immediate family or household has a life-threatening illness or injury

Compassionate leave is separate from personal/carer's leave and does not reduce your sick leave balance. Casuals receive 2 days of unpaid compassionate leave.

Record Keeping

Employers are legally required to keep accurate records of leave accruals and usage. You have the right to access your leave balance at any time — it should appear on your payslip. If you believe your leave balance is incorrect, raise it with your employer or payroll team first. If the issue is not resolved, the Fair Work Ombudsman can investigate.

Your entitlements to paid sick leave exist to protect your health and financial security. Do not hesitate to use them when you genuinely need them.