Australia is a country that values the importance of supporting loved ones, especially during family or medical emergencies. This is why Australia has specific laws to protect the rights and entitlements of employees who need to take time off work to provide care. Our guide aims to provide a comprehensive understanding of carers leave entitlements across Australia and the laws that apply across states and territories.
Carers leave allows employees to take time off work to provide care or support for a family member or household member who is ill, injured or has an unexpected emergency.
Generally, carers leave entitlement in Australia is part of the National Employment Standards (NES), which outline the minimum employment standards for all workers under the Fair Work system. Governed by the Fair Work Act 2009, the NES defines rules for various types of leave, including annual leave, personal/carer’s leave, and parental leave.
The eligibility criteria for carers leave vary depending on the employment type. Generally, it is as follows:
Permanent Employees: Permanent employees are entitled to up to 10 days of paid carers leave each year.
Casual Employees: Casual employees are eligible for up to 2 days of unpaid carer’s leave in each permissible circumstance
Queensland is home to a diverse workforce that values balancing work with personal and family responsibilities. To support this balance, employees are entitled to carer’s leave under the National Employment Standards (NES).
However different industries and workplaces may also have specific carer’s leave arrangements. Employees need to be aware of their rights and entitlements and any additional provisions that may apply to them. The Queensland Government provides a complete list of Leave entitlements, including carer’s leave, for all employees. Read more about carers leave entitlements QLD.
The state of New South Wales also follows the National Employment Standards (NES) for carer’s leave. However, there are certain variations in entitlements depending on the type of employee and their employment conditions.
Public sector employees benefit from additional provisions through Family and Community Service (FACS) Leave. This entitlement grants extra paid leave for family-related emergencies, community responsibilities, or pressing necessities. Typically, employees in the public sector are entitled to Family and Community Service (FACS) leave as follows: two and a half days in the first year of service, two and a half days in the second year, and one day per year thereafter.
Employees need to be aware of their specific entitlements and provisions based on their industry and the type of employment they hold. Learn more about carer’s leave entitlements in NSW.
Like other Australian states, Tasmania also follows the National Employment Standards, and employees are entitled to paid personal/carer’s leave per year. In addition, Tasmania offers additional support mechanisms for carers.
Carers in Tasmania can request flexible working arrangements under the Fair Work Act, helping them balance their work and caregiving responsibilities more effectively. By prioritising carers in legislation, policy, and programs, Tasmania ensures they are valued and supported across all sectors.
Employees should check their relevant industry or company policies for additional carers leave entitlements.
South Australia also aligns with the National Employment Standards. However, employees need to be aware of the policies of their respective industries and companies to understand their entitlements.
In South Australia, employees are entitled to 10 days of paid personal/carer’s leave per year for full-time employees, accruing progressively based on ordinary hours worked and a pro-rata amount for part-time employees. Employees can also request flexible working arrangements if they are parents or carers of a child with a disability under 18 years old.
Victoria follows the National Employment Standards. However, employees must be aware of any specific industry or company policies regarding carer’s leave entitlements. Although now closed, the Sick Pay Guarantee for Casual and Contract Workers in Victoria offered workers up to 38 hours of paid sick and carer’s leave per year at the national minimum wage.
Learn more about carer’s leave entitlements in VIC.
Western Australia’s employment laws vary depending on the type of employer. Private sector businesses and not-for-profit organisations can be covered by either the National Employment Standards (NES) under the national system or the state system. However, local government employers and employees, as well as state public sector/WA government employees, are exclusively covered by the state system under the Minimum Conditions of Employment Act 1993 (WA).
For employees covered by the National Employment Standards (NES), entitlements include 10 days of paid personal/carer’s leave per year for full-time employees, accruing progressively based on ordinary hours worked, with part-time employees receiving a pro-rata amount.
For employees under the Minimum Conditions of Employment Act 1993 (WA), which applies to state system employees, personal leave combines sick and carer’s leave into a single entitlement.
Personal leave accrues based on the number of hours worked, and the minimum entitlement is set by the Act. However, some WA awards or industrial agreements may provide better entitlements than the minimum. To determine if the WA state system applies to you, visit: Which system of employment laws applies.
Additional details on carer’s leave entitlements in WA include eligibility, leave duration, and accepted forms of evidence for taking time off.
In summary, carer’s leave entitlements differ slightly across Australian states and territories. Employees must be aware of their rights and the support available to them in their specific state or territory.
Employees can prioritise their health and wellbeing by understanding these entitlements while balancing work responsibilities. Always look at the most recent guidelines. For the latest on carer’s leave entitlements and related policies, we suggest checking the Fair Work Ombudsman website.
Ready to balance your work and caregiving responsibilities? Get a carers leave certificate online with ease from us. We make sure you can take the time off when needed, without any stress or hassle.
