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Understand your sick and carer’s leave entitlements in Australia, including when each type of leave applies and what evidence your employer may request.
Sick leave and carer’s leave are forms of personal leave under the National Employment Standards (NES). Full-time and part-time employees accrue paid sick and carer’s leave, while casual employees do not receive paid personal leave but can access unpaid carer’s leave in eligible circumstances.
People often ask if there’s a difference between sick leave and carer’s leave. While both types of leave fall under the umbrella of personal leave, the key difference is who the leave is for:
Sick leave: it is taken when an employee is unable to work due to personal illness or injury. This may include physical illness, mental health conditions, or reproductive health issues that prevent the employee from working.
Carer’s leave: it is taken when an employee needs time off to care for others. Under the NES, this covers an immediate family member or a person living in the employee’s household who is sick, injured, or experiencing an unexpected emergency. Eligible relationships include a spouse or de facto partner (including former partners), a child, parent, grandparent, grandchild, or sibling, as well as the equivalent relatives of a spouse or de facto partner.
You can use a sick leave certificate and a carer’s leave certificate when you need to provide evidence to support your leave request.
A sick leave certificate can be used as evidence when you need time away from work when you are ill or injured. Request a sick leave certificate online.
A carer’s leave certificate can be used when you need time away from work to care for an immediate family or household member who is ill, injured, or dealing with an unexpected emergency. Request a carer’s leave certificate online.
Understanding what is covered under personal leave helps avoid confusion when requesting time off. It also helps employees and employers have clear expectations about workplace entitlements.
Generally covered:
Illness or injury that prevents an employee from performing their role
Caring for or supporting a sick or injured immediate family or household member
An unexpected emergency involving a family or household member
Stress, mental health, or reproductive health concerns, where these prevent the employee from working
Situations that may not qualify include:
Several other leave types can be categorised under sick and carer’s leave. While they may have specific terms or purposes, they are all fundamentally derived from personal leave entitlements:
Covers time off due to physical health issues, including common illnesses such as colds, flu, and other medical conditions. This ensures that individuals have the necessary time to rest, recover, and seek appropriate treatment without the added stress of work obligations.
For more detailed information about sick leave entitlements and how to apply, read more here.
Stress leave is taken when an individual is experiencing significant stress that impacts their ability to work. Employees are entitled to paid personal leave if they are unable to work due to a stress-related personal illness or injury.
Common reasons for taking stress leave include managing anxiety, insomnia, headaches or migraines, colds and coughs caused by a stress-weakened immune system, as well as nausea and vomiting.
For more information about stress leave, your rights as an employee, and how to manage workplace stress, click here to learn more.
Carer’s leave is a type of leave that allows employees to take time off from work to care for a family member or someone living in their household who is sick, injured, or experiencing an unexpected emergency. Under Australia’s National Employment Standards (NES), this applies to a wide range of relationships, including a spouse or former spouse, de facto partner or their former partner, as well as a child, parent, grandparent, grandchild, sibling, or equivalent relatives of a spouse or de facto partner (current or former).
If you’d like to learn more about your entitlements and how to make the most of carer’s leave, visit our dedicated page here.
A university sick leave is specifically meant for situations where you are unable to attend classes due to medical reasons, such as illness, injury, or other health-related issues. This type of leave allows students to account for their absence from lectures without penalty.
However, it is important to note that this leave only covers class attendance and does not extend to other academic accommodations. For example, it cannot be used to request extensions for assignments, defer assessments, or adjust deadlines. Students seeking such academic adjustments must follow separate procedures and provide additional documentation as required by their institution.
For detailed information on university leave, including application procedures and required documentation, click here to learn more.
Mental health leave is a type of time off work that allows individuals to focus on improving their mental well-being. It is intended for addressing challenges such as stress, anxiety, depression, or trauma that may be impacting their ability to work effectively. This leave provides the opportunity to seek treatment, recover, and return to work with a healthier mindset.
Mental health leave can encompass activities such as therapy, counselling, or other evidence-based treatments, all aimed at helping individuals regain balance and productivity. Learn more about how you can apply for mental health leave here.
This leave is available for a range of reproductive health needs, including fertility treatments like IVF, managing chronic conditions such as endometriosis, PCOS, or menopause-related challenges, and recovery from medical procedures like hysterectomies or vasectomies. It also includes time off for preventative health screenings, such as breast or prostate cancer checks.
Learn more about reproductive health leave and how to apply for it here.
Applying for personal leave involves a few practical steps. While specific requirements can vary between employers, awards, and enterprise agreements, the general process includes:
The Fair Work Ombudsman states that employees should let their employer know as soon as they become aware they need leave. This can be after the leave has started, and employees should also indicate how long they expect to be away.
Employers can ask for evidence that would satisfy a reasonable person that the employee is entitled to take the leave, even for single-day absences. This might include a medical certificate or statutory declaration, depending on your workplace requirements.
Submit any evidence in accordance with your employer’s requirements. Your award, registered agreement or workplace policy may specify what evidence is required
Sick and carer’s leave in Australia allows employees to take time away from work when they are unwell, injured, or need to care for or support an immediate family or household member. Knowing the difference between sick leave and carer’s leave can help you understand your entitlements and choose the right type of leave for your circumstances.
If you need evidence to support your leave, you can learn more about OnCare Health’s sick certificate or carer’s leave certificate services. Certificate requests are individually reviewed by an AHPRA-registered health practitioner.
Yes, in some cases. Carer’s leave can be used for family members of your spouse or de facto partner, including their child, parent, grandparent, grandchild or sibling. It can also cover anyone who lives with you as part of your household.
There is no separate NES entitlement called “stress leave”. If stress or another mental health condition means you are unable to work, sick leave may apply, subject to the usual notice and evidence requirements.
Yes. For full-time and part-time employees, unused paid sick and carer’s leave carries over from year to year. Casual employees do not accrue paid sick and carer’s leave, but may access unpaid carer’s leave when eligible.
Employers can ask for evidence that would satisfy a reasonable person that you were entitled to sick or carer’s leave. Medical certificates and statutory declarations are examples of acceptable evidence, but awards, registered agreements or workplace policies may include additional requirements. Check your applicable workplace requirements if you’re unsure.
