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    Sick Leave in Australia: Complete Guide

    Dr. Nelson Lau Medically reviewed by Dr. Nelson Lau, MBBS FRACGP. Last updated & reviewed on 17 Sep 2026.

    In Australia, sick leave is a paid entitlement. It’s officially called personal/carer’s leave. It lets you take time off if you’re unwell, injured, or need to care for a family member.

    The National Employment Standards (NES) protect this right. It’s part of the Fair Work Act 2009. Whether you’ve caught the flu, need a mental health day, or have to look after a sick child, knowing your rights makes time off less stressful.

    This guide covers:

    • Who is eligible: How sick leave works for full-time, part-time, and casual workers.
    • How much you get: How many paid days you’re entitled to each year.
    • Providing proof: When your employer can ask for evidence, and how to get a medical certificate.

    What is sick and carer’s leave?

    Sick and carer’s leave is paid time off. You can use it when you’re unwell, or when you need to care for a family or household member who is. Under Australian law, both fall under the same entitlement: personal/carer’s leave.

    Personal illness vs. caring responsibilities

    Under the NES, sick leave and carer’s leave are part of the same entitlement, known as personal/carer’s leave. The difference is in how the leave is used.

    Personal leave applies when you can’t work due to your own illness or injury. Carer’s leave applies when you need to care for a family or household member who is ill, injured, or experiencing an emergency.

    For example, you can use personal leave when you’re unwell, such as when you’re recovering from the flu. Carer’s leave is for situations where a child, partner, or another immediate family or household member needs your care or support, such as a hospital visit. Both come from the same leave balance.

    Who is entitled to paid sick leave?

    This depends on whether you work full-time, part-time, or casual.

    Full-time and part-time accruals

    Full-time employees typically get 10 days of paid personal/carer’s leave each year. On a standard 38-hour week, that’s 76 hours a year.

    Part-time employees receive a pro-rata entitlement based on the hours they work. For example, an employee working 19 hours a week would typically get about half as much leave as a full-time employee.

    Leave builds up gradually from your first day of work. It’s not a lump sum at the start of the year. Unused leave carries over, with no cap and no deadline to use it.

    Do casual employees get sick leave?

    No. Casual employees don’t get paid sick leave under the NES. Casual loading exists to make up for this. This is an intentional part of the casual employment arrangement.

    But casual employees can take up to 2 days of unpaid carer’s leave per occasion, to care for a family or household member. For more information, see our full guide to Casual Leave Entitlements.

    Valid reasons for taking sick leave

    You can take sick leave for a lot of reasons, from a bad flu to taking a mental health day. The main rule is simply that you are too unwell to do your job.

    Physical illness and injury

    Most people take sick leave for common illnesses and injuries: flu, COVID-19, gastro, migraines, or recovery after surgery. You can also use it if an ongoing condition suddenly gets worse. The diagnosis doesn’t matter. What matters is whether it stops you doing your job.

    Mental health and workplace stress

    Mental health conditions are treated in the same way as physical health conditions under Australian employment law. If stress, anxiety, burnout, or another mental health condition leaves an employee unfit for work, they can take stress leave using their personal/carer’s leave entitlement.

    There’s no separate category of “stress leave”. If stress or burnout affects your ability to work, you can generally access personal leave, subject to the usual notification and evidence requirements. Learn how to request a Burnout Leave Certificate if this applies to you.

    Can you take sick leave for routine check-ups?

    Usually, no. The Fair Work Ombudsman distinguishes between planned appointments, such as dental check-ups or routine skin checks, and situations where an employee is genuinely unfit for work due to illness or injury.

    If a routine appointment does not prevent you from working, personal leave will generally not apply. However, the situation may be different if you become unwell during or after the appointment. It’s important to understand the rules around Leave for Medical Appointments before booking time off.

    Notice and evidence requirements

    If you need a sick day, tell your employer and, if asked, provide proof. Here’s how.

    The 3-step process for taking sick leave

    1. Inform your employer as soon as possible, ideally before your shift starts.
    2. If asked, get a medical certificate or statutory declaration confirming you’re unfit for work.
    3. Send this evidence to your manager or HR promptly, following your workplace’s process.

    How to notify your employer

    Tell your employer as soon as reasonably possible, before your shift, or shortly after. There’s no set format. A call, text, or email is usually fine, unless your workplace says otherwise. Your employer can ask how long you expect to be away.

    What works as evidence: Medical certificates vs statutory declarations

    Evidence must pass the “reasonable person” test. In short: would it convince a reasonable person you genuinely needed the leave?

    A medical certificate from an Ahpra-registered practitioner is commonly accepted as evidence of illness. It can be accessed online via telehealth or in clinics. A statutory declaration may also be used as an alternative when seeing a practitioner isn’t practical, such as during a short or sudden illness, provided it is properly completed and witnessed.

    Employees who need a medical certificate for sick leave can obtain one through telehealth. The Fair Work Ombudsman recognises telehealth medical certificates in the same way as one obtained during an in-person appointment.

    Can an employer reject a certificate?

    Not without a good reason. Employers generally can’t challenge a certificate from a registered doctor without cause. The Fair Work Ombudsman discourages employers from questioning a legitimate certificate, including contacting your doctor directly or turning up to your appointment uninvited.

    But employers can investigate if there’s clear evidence a certificate might be fraudulent, for example, signs of alteration, missing details, or inconsistencies with the provider.

    To avoid submitting fraudulent documents, choose a legitimate provider. Check out the website for the ABN number and contact information. Check that the provider’s prescribing system meets Australian Digital Health Agency (ADHA) standards, and that they comply with Australian privacy law. Read more on Are online medical certificates legit.

    Managing complex and extended leave

    Sometimes a few days off isn’t enough. Here is what happens if you run out of sick leave or need a longer break to recover from a serious illness.

    What happens when paid sick leave runs out?

    You may be able to take unpaid sick leave, if you meet the requirements and can provide evidence when asked. You can also ask to use annual leave instead, but this needs agreement from both sides. Neither you nor your employer can force it. If a health condition is likely to result in a prolonged absence, it’s important to understand the rules around long-term illness and Leave of Absence protections.

    Falling sick while on annual leave

    If an employee becomes ill or injured while on annual leave, the Fair Work Ombudsman lets them switch those days to paid sick leave instead. This generally requires an available personal leave balance and, if requested by the employer, reasonable evidence, such as a medical certificate.

    The annual leave taken for those days is then re-credited, so it isn’t lost. Read more: Can I use annual leave as sick leave in Australia for a step-by-step walkthrough.

    Protections against dismissal (temporary absence)

    Under section 352 of the Fair Work Act, an employer generally can’t dismiss an employee for being temporarily absent due to illness or injury. This protection generally applies for up to three months of continuous absence, or a total of three months of absence within 12 months, provided the employee is taking paid personal/carer’s leave or has provided appropriate evidence for the absence. They are also protected while they are still using paid sick leave.

    Employer responsibilities and best practices

    Employers have rules they need to follow, too. Here is how employers should handle your medical privacy and help you get back to work smoothly.

    Maintaining privacy and confidentiality

    Your medical information is sensitive. Employers should limit access to it, sharing it only with the managers or HR staff who need it.

    Creating a return-to-work plan

    After a prolonged illness, a structured return-to-work plan can help employees transition back to their roles gradually. This might mean starting with shorter hours, taking on lighter or modified duties during recovery, and having regular check-ins with a manager to ensure the return to work is progressing smoothly.

    FAQ

    1. Do employees get paid out for unused sick leave when they resign?

    No. Under the NES, unused personal/carer’s leave isn’t paid out when you leave a job — whether you resign, are dismissed, or made redundant. This is different from annual leave, which is always paid out.

    Usually not. It keeps accruing on paid leave, including annual leave. It generally doesn’t accrue on unpaid leave, unless your award or agreement says otherwise.
    No. The Fair Work Ombudsman doesn’t consider it reasonable for an employer to contact an employee’s doctor for more information, nor is the doctor under any obligation to respond.
    It’s pro rata, calculated as 1/26 of the employee’s ordinary hours worked in a year, based on their usual weekly hours.

    Reference links: 

    1. Notice and medical certificates – reference link
    2. Long periods of sick leave – reference link

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