Personal/Carer’s/Sick Leave is paid when an employee is required to support or care for themselves or an immediate family member if they are suffering from illness or injury.
Immediate family member refers to:
- Spouse or former spouse
- De facto partner or former de facto partner
- Grandparent; or
- Any of the above immediate family members for a current or former spouse/ de facto
A permanent full-time employee is entitled to and accrues 10 days of personal/carer’s leave per year, whilst a permanent part-time employee is entitled to and accrues such on a pro rata basis determined by the employee’s ordinary weekly hours. This payment is to be a minimum of the base rate usually paid to the employee, not inclusive of penalties or loading, and unless stated otherwise within an award, agreement or contract. All employees are entitled to this leave, except casuals who are entitled to 2 days of unpaid carer’s leave for each occasion that such is required.
Personal/carer’s leave will continue to accrue except for when an employee is on unpaid:
- Annual leave
- Parental leave
- Family and domestic violence leave; or
- Sick or carer’s leave.
An employee is entitled to take as much of their accrued personal/carer’s leave at any one time. If an employee is terminated, personal/carer’s leave is not paid out.
Notice of leave should be given as soon as circumstance allows, inclusive of the expected leave duration and anticipated return date.
Reasonable supporting documentation must be obtained to evidence that the personal/carer’s leave was given in accordance with appropriate circumstance. Some workplaces will require evidence of this prior to the approval of leave.
An employee can give such evidence through the provision of:
- A medical certificate
- A letter from a registered practitioner; or
- A signed statuary declaration stating, ‘unfit for work’.
In the event that an employee has used all of their personal/carer’s leave then they may be entitled to 2 additional days of unpaid leave dependent upon circumstance. It is at the discretion of the employer and employee to negotiate the use of alternative leave if an employee is required to care or to support an immediate family member for a time that succeeds the employees accrued personal/carer’s leave.