Sick leave, carer’s leave and personal leave are all part of the same entitlement under workplace laws.

Full-time employees receive 10 days per year. Part-time employees receive this on a pro rata basis, based on their ordinary hours. Leave starts accruing from the first day of employment and carries over each year if it is not used.

Unused sick leave is not paid out when an employee resigns or their employment ends.

How sick leave is paid

Sick leave is paid at the employee’s base rate of pay. It does not include allowances, penalty rates or overtime.

Evidence for sick leave

Regardless of your workplace policy, you can ask an employee to provide evidence for even one day or less off work.

The Fair Work Commission has confirmed that medical certificates from telehealth providers are valid. Certificates from a pharmacy, chiropractor or clinic nurse are also acceptable.

If an employee says they could not get a doctor’s appointment, you can ask them to provide a statutory declaration.

What is not considered sick leave?

If an employee has a pre-arranged appointment with a specialist, dentist or other medical practitioner, this is generally not considered sick leave. These appointments are usually planned in advance and do not necessarily prevent the employee from working their normal role.

In most cases, this would be treated as leave without pay. Alternatively, an employee may use annual leave, but this is at the employer’s discretion.

However, if the employee is given a medical certificate at the appointment stating they are unfit for work, the leave becomes sick or personal leave.

Mental health and carer’s leave

A common question is, “Can an employee use a sick or personal leave day for mental health?” The answer is yes.

Finally, carer’s leave is included in the same entitlement. This means an employee can take leave to care for a partner, housemate, child or anyone who lives with them. As with sick leave, you can ask for a medical certificate or statutory declaration as proof.

NSW public holiday reminder

For readers in NSW, a new public holiday has been announced for the Monday before Anzac Day when it falls on a weekend.

Employers must invite employees to work on a public holiday. You can only require an employee to work if not doing so would cause operational issues.

If you are unsure how these rules apply to your business, it may be worth seeking advice to ensure you are meeting your obligations.

IR Support

Full Cotton Australia levy payers are entitlement to a 15-minute IR consultation with Wayne Schwalbach from Employment Mediation Services on 0447 935 416 to assist with workplace questions.