Sick leave by country / Australia
Sick leave and sick pay in Australia
Who pays when someone is ill, how much, for how long, and what the certificate rules are — in plain English, whether you run a team in Australia or work on one.
Australian full-time employees get 10 days of paid personal/carer's leave a year under the National Employment Standards, pro-rata for part-time, accruing progressively and carrying over year to year without limit. It covers the employee's own illness or injury and caring for an immediate family or household member. Casuals get two days of unpaid carer's leave per occasion. Unused personal leave is not paid out when employment ends. Employers may ask for reasonable evidence such as a medical certificate or statutory declaration.
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How it works
Personal/carer's leave under sections 95–107 of the Fair Work Act accrues from the first day of employment on ordinary hours — 10 days a year for a full-time employee, calculated as 1/26 of ordinary hours worked — and accumulates from year to year. It is paid at the base rate for ordinary hours, excluding overtime, penalties and allowances. Employees must notify as soon as practicable and may be asked for evidence that would satisfy a reasonable person; awards and agreements can add rules but not reduce the entitlement. Once paid leave is exhausted there is no statutory sick pay: employees rely on unpaid leave, income protection insurance or, for long-term conditions, the social security system. Employees also have two days of paid compassionate leave per occasion.
Worth knowing: The High Court confirmed in 2020 (Mondelez) that the entitlement is 10 notional days of ordinary hours — 1/26 of ordinary hours — so a part-timer on three days a week accrues six days' worth, not ten.
If you run a team in Australia
Accrue 10 days per year of ordinary hours for full-timers and pro-rata for part-timers, carry balances over indefinitely, and pay at the base rate. You may ask for evidence — commonly a medical certificate or statutory declaration — but only what a reasonable person would accept. Keep leave records for seven years. Personal leave is not paid out at termination unless an award or agreement says so.
If you work in Australia
Tell your employer as soon as you can, say how long you expect to be away, and provide evidence if asked. You accrue 10 days a year and keep the balance when the year rolls over. If you run out, ask about unpaid leave; your award or agreement may provide more.
Sickness and annual leave
An employee who is sick during annual leave can take personal leave instead for those days if they give notice and evidence, and the annual leave is re-credited. Personal leave accrues during paid annual leave but not during unpaid leave.
The annual leave entitlement itself is covered on our Australia annual leave page — 20 working days minimum.
Keeping the record straight
Sick pay rules turn on dates: the day the illness started, the day the certificate was due, the day the employer's obligation ends and the benefit takes over. In Australia those dates decide who pays and how much, and they have to be provable months later — to a payroll auditor, an insurer, or the employee. A shared spreadsheet rarely survives that; a tracker like Leavo records each absence with its dates and approvals alongside annual leave, so the record exists before anyone asks for it. We compare the options in our leave management software guide, and the policy side — carryover, payout, accrual — in our guides.
Sick leave in Australia: common questions
Is unused sick leave paid out when I leave?
No, not under the National Employment Standards. Some awards and enterprise agreements provide for it; most do not.
Can my employer insist on a medical certificate for one day?
Yes, if it is reasonable — the Act allows the employer to require evidence that would satisfy a reasonable person, and a certificate or statutory declaration for a single day is generally considered reasonable.
Do casual employees get sick leave?
Not paid. Casuals get two days of unpaid carer's leave per occasion and unpaid compassionate leave; the casual loading is meant to compensate for the absence of paid leave.
What happens if I fall ill during my annual leave in Australia?
An employee who is sick during annual leave can take personal leave instead for those days if they give notice and evidence, and the annual leave is re-credited. Personal leave accrues during paid annual leave but not during unpaid leave.
Source
Primary source: Fair Work Act 2009, ss.95–107 (paid personal/carer's leave). Rates and caps change — often every January or April — and collective agreements frequently improve on the statutory scheme. Confirm against the current text before acting. See our methodology.