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Updated: 09/04/2026
Carer’s leave allows employees to take time off work to provide care and support to an immediate family member or household member. This type of leave is essential when a loved one is dealing with a personal illness, a sudden injury, or an unexpected emergency.
In Australia, the National Employment Standards (NES) set out the minimum employment standards for all workers covered by the Fair Work system. Under the Fair Work Act 2009, sick leave and carer’s leave are part of a single entitlement known as personal/carer’s leave. This means that employees are entitled to a certain number of days per year for both personal and caring responsibilities.
By understanding your personal carer’s leave entitlements and requirements, you can manage your work responsibilities while ensuring your family receives the care they need.
Eligibility for carer’s leave is based on your employment type. Under the NES, full-time and part-time employees have different entitlements compared to casual employees.
Full-time employees in Australia are entitled to 10 days of paid personal leave each year. This 10-day balance covers both sick leave (when the employee is unwell) and carer’s leave (when a family member is unwell).
Part-time employees also receive paid personal/carer’s leave, calculated on a pro-rata basis based on the hours they work. For example, if a part-time employee works 19 hours a week (half of a standard 38-hour week), they will accumulate 38 hours of personal/carer’s leave over a year, which is half the entitlement of a full-time employee.
Casual employees do not accrue paid personal leave. However, they are entitled to 2 days of unpaid carer’s leave for each occasion an immediate family or household member needs care due to illness, injury, or emergency.
The Fair Work Act clearly defines who qualifies as an immediate family member or household member. You can take carer’s leave to provide care or support for:
Employees use carer’s leave to attend to urgent medical or caregiving situations without the fear of losing their income or employment.
Some common situations that require a carer’s leave include:
Paid personal leave, which covers carer’s leave, accumulates over time and is carried forward each year. If you do not use your full entitlement in a single year, the remaining balance rolls over to the following year. This system ensures that employees have access to a sufficient amount of leave for any unexpected emergencies that may arise.
It is important to note that when you resign or your employment is terminated, unused personal leave is generally not paid out. Personal leave simply expires at the end of your employment contract. However, in rare cases, if an award or registered agreement allows it, sick and carer’s leave can be cashed out. For that, a separate written agreement must be made each time leave is cashed out. The employee must have at least 15 days of leave remaining after cashing out. They must also be paid at least the full amount they would have received if they had taken the leave.
When discussing employment rights, many people ask: Is carer’s leave a legal requirement? In Australia, carers’ leave is a legal entitlement under the Fair Work Act 2009. Employers are required by law to provide permanent employees with paid carer’s leave, and all employees, including casuals, with unpaid carer’s leave if they meet the eligibility criteria. A workplace policy, award, or registered agreement may also provide additional paid leave entitlements beyond the legal minimum.
Employers can ask for evidence of carer’s leave, even if the absence is only one day. Under the Fair Work Act, this evidence must satisfy a “reasonable person”. This typically includes a carer’s leave certificate or a statutory declaration confirming that the leave was genuinely required.
This certificate can be obtained from a medical practitioner or a registered health professional. A carer’s leave certificate may include:
Sometimes, an employee may exhaust their accrued paid personal leave balance but still need to care for a sick family member. In these instances, the Fair Work Act provides a safety net.
Full-time and part-time employees are entitled to take up to 2 days of unpaid carer’s leave per occasion. This leave can be taken as a single continuous block of 2 days, or as separate periods agreed upon between the employee and the employer. Casual employees also have access to this 2-day unpaid allowance per occasion.
Understanding your personal carer’s leave entitlements and requirements is important for protecting your rights as an employee. Whether you need a single day to look after a sick child or extended time to support a spouse recovering from an injury, the Fair Work Act ensures you have the support necessary to fulfil your caregiving roles.
If you require an official document to validate your time off, remember that obtaining proof does not have to be difficult. You can easily secure a reliable carer’s leave certificate online, allowing you to focus completely on the health and recovery of your loved ones.
If a certificate contains all the necessary legal information and is issued by a registered health practitioner, it is generally considered valid under the Fair Work Act. However, some specific workplace enterprise agreements may contain clauses requiring certificates from specific healthcare providers. It is always recommended to check your workplace agreement for more information.
The National Employment Standards apply to all national system employers under the Fair Work Act 2009, with no minimum business size threshold. This means businesses of any size, including small businesses, must provide carer’s leave entitlements.
No. You don’t need to disclose detailed medical information. While an employer can ask for evidence, it only needs to be sufficient to satisfy a reasonable person that care was required.
Yes. Some employers may accept an online carer’s leave certificate as evidence of your need for carer’s leave. However, this is dependent on the policies and procedures in place at your workplace. It’s always best to check with your employer first before using an online certificate.
Applying for leave requires clear communication with your employer. You must inform your employer of your leave as soon as possible. In many emergency situations, this notification may happen after the leave has already started. You also need to inform your employer of the duration of your leave.
