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Updated: 09/04/2026
Sick leave allows employees to take time off work when they are suffering from a minor illness or unexpected injury. Under Australia’s Fair Work system, sick leave is covered as part of personal/carer’s leave as set out in the National Employment Standards (NES), which outline the minimum entitlements for employees.
Established through the Fair Work Act 2009, these standards govern various forms of leave, including annual leave, personal/carer’s leave, and parental leave. Understanding the official Australia sick leave rules helps both employers and employees navigate workplace absences smoothly.
Your eligibility for sick leave depends on your employment type, with the NES defining how it applies to full-time, part-time, and casual employees.
Full-time employees are entitled to a minimum of 10 days of paid personal/carer’s leave for each year of continuous employment. This allowance ensures that workers have adequate time to address sudden health issues, attend necessary medical appointments related to their illness, and focus on recovery.
Part-time employees receive the same entitlements as full-time employees, but their leave is calculated on a pro-rata basis. This means the amount of paid sick leave a part-time employee accrues is directly proportionate to the number of hours they work. This pro-rata system ensures consistency across the workforce, guaranteeing that part-time staff receive their rightful benefits based on their standard hours.
Casual employees are not entitled to paid sick leave. However, they are permitted to take up to two days of unpaid carer’s leave per occasion to care for a family or household member.
Many employees often ask about the expiration of their accrued leave under sick leave rules. Paid sick leave (personal/carer’s leave) begins accruing from an employee’s first day of work and continues to accumulate throughout the year based on their ordinary hours of work.
Any unused sick leave at the end of a 12-month period rolls over to the next year, meaning your accrued leave does not expire while you remain employed with the same employer.
Sick leave continues to accrue while an employee is on paid annual leave, paid sick leave, or long service leave. However, it does not accrue during periods of unpaid leave, such as unpaid annual leave or unpaid sick leave.
When an employee takes paid sick leave, they must be paid at their base rate of pay for the ordinary hours they would have worked during the period of leave.
It is important to note that the base rate of pay typically excludes:
This ensures an employee continues to receive pay for their ordinary hours, even when they are unable to work due to unexpected illness or injury.
Employers have the right to request evidence that the employee was genuinely unable to work due to illness or unexpected injury. The rules around sick leave require that the evidence must convince a reasonable person that the leave was necessary. The most common and widely accepted form of evidence is a medical certificate.
A standard medical certificate for sick leave should clearly state:
Neglecting to provide evidence when reasonably requested by an employer may result in the employee not being entitled to paid sick leave for that absence, or other consequences under company policy.
An online sick leave certificate from a registered healthcare professional can also be used when requesting paid sick leave. The Fair Work Ombudsman has no strict rules about what evidence must be provided. But it must satisfy a reasonable person that the employee was unfit for work due to illness or unexpected injury. This requirement can apply even for absences of just one day or less.
By obtaining an online sick leave certificate, employees can satisfy these requirements and ensure their leave request is approved. Keep in mind that rules regarding the acceptance of sick leave certificates may vary across organisations, but in general, they are considered valid evidence for sick leave purposes.
In certain situations, severe illness or major injury may require an employee to be absent from work for an extended period. The Fair Work Act provides specific protections against dismissal for employees experiencing temporary absence due to illness or injury.
An employee is protected from dismissal if:
If the employee’s absence exceeds the three-month threshold and they have exhausted all their paid personal/carer’s leave, they may lose this specific protection against dismissal. Employers and employees should manage extended absences openly, keeping each other informed about the employee’s recovery and expected return to work.
Note: Even after 3+ months of absence and using all sick leave, employees may still be protected from dismissal under workers’ compensation, anti-discrimination, or other laws. In such cases, they can challenge the dismissal through an unfair dismissal, general protections, or unlawful termination claim.
Understanding your rights and responsibilities during workplace absences helps ensure a smoother process for both you and your employer under Australia’s sick leave rules. By notifying your employer and providing the necessary evidence, you protect your employment and your paid leave entitlement. Always prioritise your physical and mental well-being, as taking time to recover properly supports long-term productivity and health.
Employees need to let their employer know as soon as they can. In many cases, this means notifying your employer on the day of your absence, or as soon as possible if you’re dealing with an unexpected injury or illness. Employers may have specific policies in place for how they want to be notified, so it’s important to check them and follow them accordingly.
Sometimes, an employee may fall ill while already on another approved form of leave. If an employee is on paid annual leave and becomes unwell, they can convert their annual leave to sick leave, provided they have accrued sick leave available and can supply the required evidence, such as a sick leave certificate.
A medical certificate can be issued by a registered doctor. A sick leave certificate, on the other hand, can be issued by a registered health professional, such as a nurse practitioner or pharmacist. Its acceptance depends on employer requirements.
If a medical certificate meets all legal requirements and clearly states that the employee is unfit for work due to personal illness or an unexpected injury, an employer will generally accept it. However, specific enterprise agreements or workplace policies may require certificates to be issued by a registered medical practitioner, such as a doctor, under certain circumstances.
Accumulated sick leave is not paid out when an employee resigns, retires, or is removed from their position. The purpose of the leave is strictly to provide financial protection for the employee while they are actively employed and fall ill.
