Leave Without Pay (LWOP)
| Leave Without Pay (LWOP) is an approved period of unpaid absence from work. Under Australian employment law, it is often used when an employee has exhausted their paid leave balances, such as sick leave or annual leave, but still requires time off to recover from a prolonged illness, handle personal emergencies, or care for a family member. |
Can you take leave without pay for medical reasons?
Yes. If you’ve exhausted your paid personal (sick) leaves, you may still be eligible to take unpaid sick leaves or unpaid carer’s leaves, subject to your employer’s agreement or your entitlements under the Fair Work Act.
Do you need a medical certificate for unpaid sick leave?
Often, yes. Employers can still require medical evidence, such as a sick leave certificate, to approve your leave, even when they aren’t paying you for the time off.
Can an employer refuse leave without pay?
It depends on the type of leave you’re requesting. Certain unpaid leave entitlements, including unpaid carer’s leave after you’ve exhausted your paid entitlement, are protected under the Fair Work Act. If you meet the eligibility requirements, your employer generally cannot refuse them.
Other types of unpaid leave that aren’t legally protected are typically subject to your employer’s approval or the terms of your award, enterprise agreement, or employment contract.
