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Sick Leave & Carer's Leave Guide Australia (2026–27): Entitlements & Medical Certificates

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Sick Leave & Carer's Leave Guide Australia (2026–27)

Under the National Employment Standards (NES) set out in the Fair Work Act 2009, all permanent full-time and part-time Australian employees have a statutory right to paid personal/carer's leave (commonly known as sick leave).

Whether you are struck down with the flu, recovering from surgery, or needing to care for an immediate family member who is ill or facing an unexpected emergency, knowing your legal entitlements, evidentiary requirements (medical certificates), and leave rollover rules is essential.

This guide provides a comprehensive breakdown of Australian sick leave accruals, evidentiary rules, part-time pro-rata calculations, and casual employee rights in 2026–27.

1. What Are Your Statutory Sick Leave Entitlements?

Under the National Employment Standards:

  • Full-Time Employees: Entitled to 10 paid days (76 hours) of personal/carer’s leave for each year of continuous service.
  • Part-Time Employees: Entitled to a pro-rata equivalent based on their ordinary weekly hours worked (e.g. working 19 hours per week = 5 paid days / 38 hours per year).
  • Casual Employees: Do not receive paid sick leave (their 25% casual loading is paid in lieu of paid leave), but are legally entitled to 2 days of unpaid carer’s leave per occasion.

2. How Does Sick Leave Accrue and Roll Over?

Personal/carer's leave accumulates progressively throughout the year according to the employee’s ordinary hours of work.

┌──────────────────────────────────────────────────────────┐
│                   ANNUAL LEAVE ACCRUAL                   │
├────────────────────────────┬─────────────────────────────┤
│  Full-Time (38 hrs/wk)     │  ~1.46 hours accrued per    │
│  76 hours total per year   │   completed week of work    │
└────────────────────────────┴─────────────────────────────┘

Rollover Rules (Never Expires):

  • Unlike "use-it-or-lose-it" policies in other countries, Australian statutory sick leave never expires.
  • Any unused balance automatically rolls over from one financial year to the next for as long as you remain with the same employer.
  • Note: When you resign or are terminated, unused sick leave is NOT paid out as cash (unlike accrued annual leave), unless explicitly specified in an enterprise agreement.

3. When Can You Take Personal & Carer's Leave?

You can take paid personal leave if:

  1. Personal Illness or Injury: You are unfit for work due to personal illness or injury.
  2. Carer's Responsibilities: You need to provide care or support to a member of your immediate family or household who requires care due to illness, injury, or an unexpected emergency.

Who Is Considered "Immediate Family"?

  • Spouse or de facto partner (including former partners).
  • Child, parent, grandparent, grandchild, or sibling.
  • Child, parent, grandparent, grandchild, or sibling of your spouse/partner.

4. Medical Certificates & Notice Requirements

Under Fair Work legislation, an employer has the right to request reasonable evidence confirming you were unfit for work:

  • Acceptable Evidence: A Medical Certificate from a registered medical practitioner (GP, doctor) or a Statutory Declaration signed by an authorized witness (JP, pharmacist).
  • Notice: You must notify your employer as soon as practicable (often before your shift starts) that you will be absent and indicate expected duration.
  • Online Medical Certificates: Legitimate telehealth consults and registered Australian digital pharmacies providing statutory medical certificates are legally valid under Fair Work rules.

5. Calculate Your Leave Balances & Pay

Accurately calculate your accrued hours, pro-rata sick leave, and workplace rights using our free tools:

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