Sick Leave Rights in Australia: The Complete Guide

How Much Sick Leave Do You Get?

Under the National Employment Standards (NES), all permanent employees are entitled to 10 days of paid personal/carer's leave per year.

Does Sick Leave Roll Over?

Yes. Unlike annual leave in some countries, unused sick leave accumulates year to year. There's no cap — if you don't use it, you keep it.

However, accumulated sick leave is not paid out when you leave a job. Use it or lose it (when you resign).

What Can You Use Sick Leave For?

Personal/carer's leave can be used when:

• You're sick or injured — illness, injury, medical appointments
• Caring for a family member — when an immediate family or household member is sick or has an emergency

This includes:

• Physical illness (cold, flu, gastro, etc.)
• Mental health days
• Medical and dental appointments
• Recovering from surgery or medical procedures
• Caring for sick children, spouse, or parents

Can Your Employer Refuse Sick Leave?

No — if you're genuinely sick and provide evidence when requested, your employer cannot refuse your sick leave.

However, they can:

• Request evidence (medical certificate or statutory declaration)
• Ask you to take unpaid leave if you've exhausted your paid entitlement
• Require you to follow proper notification procedures

What Evidence Can Employers Request?

Under section 107 of the Fair Work Act, acceptable evidence includes:

• Medical certificate — from a doctor, pharmacist, or other registered health practitioner
• Statutory declaration — a legal statement declaring your illness

Employers can request evidence for any period of absence, but most only require it for absences of 2+ days or where there's a pattern of suspicious absences.

What About Casual Employees?

Casual employees don't get paid sick leave, but they do get:

• 2 days unpaid carer's leave per occasion
• 2 days unpaid compassionate leave per occasion
• The right to not be available for work when genuinely sick (no penalty)

The trade-off is that casual employees receive a 25% loading on their hourly rate, which is intended to compensate for the lack of paid leave.

Mental Health Days

Yes, you can use sick leave for mental health. The Fair Work Act doesn't distinguish between physical and mental illness. If you're experiencing:

• Anxiety or depression
• Burnout or exhaustion
• Stress-related symptoms
• Other mental health conditions

You're entitled to take sick leave just as you would for a physical illness.

How to Call in Sick

1. Notify your employer as soon as possible — ideally before your shift
2. Use the right method — phone, email, or app as per your workplace policy
3. State that you're unwell — you don't need to give details
4. Indicate how long you expect to be off — even a rough estimate helps
5. Get a certificate if required — or if you'll be off 2+ days

Getting a Medical Certificate Fast

If you need a certificate but don't want to sit in a waiting room while sick:

• Pharmacist certificate (5 mins, $13.99): Phone consult, certificate emailed
• Telehealth GP (15-30 mins, $40-80): Video call with a doctor
• In-person GP (1-3 hours, $40-80+): Traditional clinic visit

Key Takeaways

• Full-time employees get 10 days paid sick leave per year
• Part-time employees get pro-rata entitlements
• Casual employees get unpaid leave only (but have a 25% loading)
• Sick leave accumulates year to year but isn't paid out on termination
• Employers can request evidence but can't refuse genuine sick leave
• Mental health days count as sick leave