Carer’s Leave Explained: Can You Use It for Your Partner?

Carer’s Leave Explained: Can You Use It for Your Partner?

If you’re caring for a loved one, you’re far from alone. In 2022, around 3 million people in Australia – almost one in eight residents – were informal carers, providing unpaid support to family members and friends.

That sounds big and abstract… until it’s you.

Your partner’s sick in bed with a nasty flu. Or home after day surgery, groggy and unsteady. Maybe they’re having a mental health crisis and can’t be left alone. You know they need you there – but you’re also picturing unread emails, missed shifts and that little knot in your stomach that asks:

“Am I actually allowed to take carer’s leave for my partner – or is that just for kids and elderly parents?”

As a telehealth startup, we speak every day to Australians trying to balance work, caring and their own wellbeing. We also issue a lot of medical and carer’s certificates online, so we see first-hand how confusing carer’s leave in Australia can feel – especially when a partner is involved.

This article will walk you through:

• What carer’s leave in Australia actually is (and how it links to sick leave)
• Whether you can take sick leave for a partner and in what situations
• How much paid and unpaid carer’s leave you may be entitled to
• Your key employee rights in Australia when you’re looking after a sick partner
• When a carer’s certificate or medical certificate is needed – and how to get a carer’s certificate online
• Practical tips for caring for your partner without completely burning yourself out

By the end, you should feel clearer, more confident talking to your employer, and better prepared for the next time your other half really needs you at home.

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1. What actually is carer’s leave in Australia?

Let’s clear up the vocabulary first, because this is where a lot of the confusion starts.

Under the National Employment Standards (NES) in the Fair Work Act, the official term is “personal/carer’s leave”. It’s one bucket of leave that covers both:

• Time off when you are sick or injured (what most of us call “sick leave”), and
• Time off to care for or support an immediate family or household member who is sick, injured or facing an unexpected emergency (what we usually call carer’s leave).

So “sick leave” and “carer’s leave” aren’t separate pots – they draw from the same balance.

According to the Fair Work Ombudsman:

• Full‑time employees are entitled to 10 days of paid personal/carer’s leave per year,
• Part‑time employees get this pro‑rata, based on their hours,
• The leave accrues over time and carries over from year to year if unused.

Casual employees don’t get paid personal/carer’s leave, but they are entitled to unpaid carer’s leave in certain situations (more on that shortly).

So whenever we talk about “carer’s leave” in this article, we’re talking about using your personal/carer’s leave for caring responsibilities – particularly looking after a sick partner.

2. Who counts as your “partner” or immediate family?

Whether you can use carer’s leave for someone depends on whether they’re:

• A member of your immediate family, or
• A member of your household.

Under the Fair Work Act and Fair Work Ombudsman guidance, an immediate family member includes:

• Your spouse or former spouse
• Your de facto partner or former de facto partner (including same‑sex partners)
• Your child
• Your parent
• Your grandparent
• Your grandchild
• Your sibling
• Plus those same relationships of your spouse or de facto partner (for example, your partner’s mum is part of your immediate family, too)

Adoptive and step‑relations (e.g. step‑parent, step‑child) are also included.

A de facto partner is someone you’re in a genuine couple relationship with who lives with you on a domestic basis, even if you’re not legally married.

On top of that, a household member is basically anyone who lives with you. If your partner lives with you but your relationship is newer or more informal, they can still qualify as a household member, which also opens the door to carer’s leave.

Bottom line: If you live with your partner – married, de facto, same‑sex, or otherwise – they will almost always fall within “immediate family” or “household member” for carer’s leave purposes.

3. So… can you use carer’s leave for your partner?

In almost all normal couple scenarios, yes.

Under the NES, you can take paid carer’s leave to care for or support a member of your immediate family or household who is:

• Sick,
• Injured, or
• Facing an unexpected emergency.

If that person is your partner, and they meet one of those criteria, you can generally use your personal/carer’s leave to be at home with them.

Some common situations where “sick leave for a partner” is usually legitimate carer’s leave:

• Your partner has influenza or COVID‑19, has a fever, is weak and dizzy, and can’t safely manage alone
• They’re recovering from day surgery, like a colonoscopy, gynaecological procedure, vasectomy, dental surgery or another operation that involves sedation, pain relief or mobility issues
• They’re dealing with a flare‑up of a chronic illness (for example, severe migraine, inflammatory bowel disease, chronic fatigue, endometriosis) and need help with meals, medications and basic tasks
• They’re having an acute mental health episode – severe anxiety, panic attacks, suicidal thoughts or a major depressive slump – and your presence is important for safety and support
• They’ve had a fall or injury, such as a sprain, fracture or head knock, and need help getting around, showering or attending medical appointments
• They suddenly need to go to the emergency department, urgent care clinic or GP, and you’re the person who can drive or accompany them

In all of these examples, your partner requires care or support because of an illness, injury or unexpected emergency. That’s exactly what carer’s leave is designed for.

Where it gets a bit greyer is when your partner is unwell but doesn’t genuinely need you at home. For example:

• They have a mild cold but can function normally, and you simply want to keep them company; or
• You want to stay home because you’re worried you might catch what they have, but they can manage on their own.

The law talks about the family member requiring care or support – so there has to be a real caring need, not just preference.

That said, each situation is different and your employer can’t just dismiss your reason without considering the facts.

4. Carer’s leave vs “sick leave for a partner”: is there a difference?

You’ll often hear people say things like:

"“My boss won’t let me use sick leave for my partner.”"

From a legal perspective, this is slightly misleading. Sick and carer’s leave come from the same entitlement – personal/carer’s leave.

You’re not asking for your partner’s sick leave. You’re asking to use your own personal/carer’s leave in carer mode, instead of in sick‑for‑yourself mode.

So if your employer recognises the situation as legitimate carer’s leave, it should simply come off your personal/carer’s leave balance – the same one that would have been reduced if you were home sick yourself.

If an employer’s policy tries to say you can only use that balance when you’re sick (and not for caring responsibilities), that will generally be inconsistent with the NES minimum standards.

5. How much carer’s leave can you take for a partner?

Here’s how the basics usually work under the NES.

Full‑time and part‑time employees

If you’re permanent (full‑time or part‑time):

• You get 10 days of paid personal/carer’s leave per year if full‑time, pro‑rated if part‑time.
• There’s no separate cap just for carer’s leave – you can, in theory, use your entire balance to care for family or household members if needed.
• Unused personal/carer’s leave rolls over from year to year, so long as you stay with the same employer.

If you run out of paid personal/carer’s leave, you may still be entitled to:

• 2 days of unpaid carer’s leave for each occasion where an immediate family or household member needs care due to illness, injury or an unexpected emergency, or
• A mix of annual leave or other unpaid leave by agreement with your employer.

Casual employees

If you’re casual:

• You don’t get paid personal/carer’s leave, but
• You are entitled to 2 days of unpaid carer’s leave per occasion when a member of your immediate family or household needs care or support due to illness, injury or unexpected emergency.

What about compassionate leave?

Separate from carer’s leave, there’s also compassionate leave – for example, if a member of your immediate family or household dies or develops a life‑threatening illness or injury, or if you or your current spouse or de facto partner has a miscarriage. This is 2 days per occasion, and it can be taken in addition to sick or carer’s leave.

In real life, when your partner is seriously unwell you might use a combination of:

• Paid personal/carer’s leave
• Unpaid carer’s leave
• Compassionate leave (if the situation meets the criteria)
• Annual leave or other leave arrangements

Your exact entitlements can also be impacted by your award, enterprise agreement or contract, which might be more generous than the NES. Always check your own conditions.

6. Your employee rights in Australia when you’re caring for a partner

Knowing your rights can make a huge difference to how confident you feel when asking for time off.

Under Australian workplace law and the NES:

• If you meet the criteria and follow the notice and evidence rules, you’re entitled to take personal/carer’s leave.
• Your employer can’t lawfully take adverse action against you (for example, firing you, cutting your hours or demoting you) just because you’ve exercised a workplace right such as taking carer’s leave or unpaid carer’s leave.
• You have a right to privacy – medical certificates don’t have to spell out your partner’s diagnosis, only that leave is required.
• If your employer’s policies or an agreement give you better entitlements than the NES, those higher entitlements apply.

If you feel you’re being treated unfairly because you’re looking after a sick partner – for instance, being refused all forms of leave when your situation clearly falls within the rules – you can:

• Speak with HR or your manager and calmly explain your situation
• Get advice from your union, if you’re a member
• Contact the Fair Work Ombudsman for free guidance about your options

This article isn’t legal advice, but understanding that you do have recognised rights can help you advocate for yourself more confidently.

7. Your responsibilities: notice, evidence and medical certificates

With rights come responsibilities. To be covered under the NES, you need to tick a few boxes.

7.1 Giving notice

You must tell your employer that you’re taking sick or carer’s leave:

• As soon as practicable – which can be after the leave has started
• And let them know how long you expect to be away, or at least your best estimate.

For a partner who suddenly becomes ill overnight, that might mean:

• Calling or emailing your manager first thing in the morning, or
• Following your workplace’s normal procedure (for example, phoning a roster line or logging an absence through an app).

7.2 Providing evidence

Your employer is allowed to ask for evidence that:

• You needed to be off work because you were sick or injured, or
• You needed to care for or support an immediate family or household member who was sick, injured or facing an unexpected emergency.

Importantly:

• They can ask for evidence for any length of sick or carer’s leave – even one day.
• The evidence has to be reasonable in the circumstances.
• Examples of acceptable evidence include a medical certificate or a statutory declaration.

The key test Fair Work uses is whether the evidence would convince a reasonable person that you were genuinely entitled to the leave.

7.3 What goes on a carer’s certificate?

A carer’s certificate (sometimes called a carer’s medical certificate) usually confirms that:

• You are caring for a specified person (for example, your partner)
• They have a condition that means care or support is reasonably required
• You need to be absent from work for a defined date or dates in order to provide that care

It doesn’t need to include private medical details about your partner’s condition – just enough to justify your absence.

At NextClinic, for instance, our online carer’s certificates include the clinic and doctor’s details, relevant dates and a brief statement that you’re unable to attend work due to caring responsibilities, without disclosing the underlying diagnosis.

8. Do you always need a carer’s certificate for your partner?

Not necessarily – but it’s often a smart move.

Some workplaces are relaxed and rarely ask for evidence. Others:

• Automatically require a certificate for certain days (for example, Mondays, Fridays or shifts next to a public holiday)
• Always ask for evidence for any sick or carer’s leave
• Ask for more documentation if you have a pattern of frequent short absences

Because an employer can legally ask for evidence for as little as one day, having a carer’s certificate ready can save a lot of back‑and‑forth, especially if your workplace is strict.

A certificate is particularly helpful when:

• Your partner’s illness isn’t obviously visible (for example, severe pain, mental health issues, migraines, pelvic or sexual‑health‑related conditions)
• You’re caring for them after a procedure that your employer might not intuitively recognise as “serious enough”
• You’ve already taken some time off recently and want to show that this absence is justified

Think of a carer’s certificate or medical certificate as a piece of neutral, professional evidence that backs up what you’re telling your boss – and reduces the pressure on you to overshare personal details.

9. Getting a carer’s certificate online in Australia

When your partner’s unwell, the last thing you probably feel like doing is dragging them – or yourself – to a waiting room just to get a piece of paper.

The good news is that, under Fair Work rules, online medical certificates are generally valid so long as:

• They’re issued by a registered health practitioner
• A genuine clinical assessment has taken place (which can be via telehealth)
• The certificate would satisfy a reasonable person that you were entitled to the leave

The law doesn’t say the certificate must be given in a face‑to‑face appointment. What matters is that it’s legitimate and reasonable.

9.1 How we issue carer’s certificates online at NextClinic

We’ve designed our carer’s certificate online process to be as quick and stress‑free as possible when you’re busy looking after a sick partner.

In most cases, it works like this:

1. You complete a secure online form
   • Tell us who you’re caring for (for example, your partner),
   • Describe their illness, injury or situation, and
   • Explain why they need your support at home.
2. An Australian‑registered doctor reviews your request
   • They may contact you for extra information or clarification.
   • If your situation is better suited to an in‑person assessment, they’ll let you know.
3. If appropriate, we issue a carer’s certificate
   • Usually within about an hour during our operating times
   • Sent straight to your email and accessible via your patient portal
   • Clearly stating the dates you’re unable to work due to caring responsibilities
4. You forward it to your employer
   • As an attachment via email, upload through your HR portal, or whatever system your workplace uses.

We offer single‑day and two‑day carer’s certificates starting from $19.90, and multi‑day documentation can be arranged via a telehealth consultation if medically appropriate.

If you’d like a step‑by‑step walkthrough, we’ve written a dedicated guide on our blog: “How to Get an Online Carer’s Leave Certificate”, which dives deeper into common questions and employer concerns.

10. Talking to your employer about carer’s leave for your partner

Even when you know you’re within your rights, having the actual conversation can feel awkward – especially if your workplace culture is a bit old‑school.

Here are some practical tips.

10.1 Keep it clear and factual

You don’t have to disclose highly personal details, but you should be clear about three things:

1. Who you’re caring for (for example, “my partner, who lives with me”)
2. What’s happening in broad terms (for example, “they’re recovering from day surgery and need help at home today”)
3. How long you expect to be off (for example, “today and possibly tomorrow; I’ll confirm as soon as I know more”)

A simple script might be:

"“Hi [Manager], my partner, who lives with me, has had [brief description – e.g. day surgery / a severe migraine and vomiting / a mental health crisis]. They can’t safely manage alone today, so I need to take carer’s leave under the NES to support them. I expect to be off [today / today and tomorrow], and I’ll provide a carer’s certificate as evidence. I’ll keep you updated.”"

10.2 Offer solutions where you can

If your job allows, you might soften the impact by:

• Offering to work from home once your partner is stable
• Picking up extra hours later in the week
• Handing over key tasks before you sign off

(Just keep in mind that if your partner really does need close care, you might not be able to genuinely work and care at the same time – and that’s okay.)

10.3 If your request is pushed back

If your manager seems reluctant, you can calmly explain that:

• Carer’s leave is a specific entitlement under the National Employment Standards,
• Partners who are immediate family or household members are covered, and
• You’re happy to provide a carer’s certificate online or statutory declaration as evidence.

If they still refuse and you believe you meet the criteria, getting advice from Fair Work or your union is often the next step.

11. Looking after a sick partner – without completely neglecting yourself

Carer’s leave isn’t just about paperwork. It’s about real people in real relationships – and caring can be emotionally and physically draining, even for short periods.

Some practical tips while you’re off work:

• Plan simple, nourishing food

Think easy soups, toast, fruit and plenty of fluids – good for both of you and gentle on dodgy stomachs.

• Create a low‑stress environment

Dim lights, quiet music, minimal noise. If your partner is in pain, overstimulation can make everything feel worse.

• Agree on boundaries

If you’re taking a day of carer’s leave, you shouldn’t feel obliged to answer work emails at all hours. When reasonable, set an “I’m offline today caring for my partner” auto‑reply and stick to it.

• Watch your own stress levels

Juggling worry about your partner, guilt about work and your own health can quickly lead to burnout. Our article “Mental Health Matters: Recognizing and Managing Stress in a Busy World” has some helpful, practical strategies for managing stress when life gets hectic.

• Prioritise sleep

If you’re up during the night with your partner, catch up on rest whenever you safely can. Good sleep is one of the simplest ways to support your own immune system and mood – we dive into this in more detail in our blog on sleep hygiene.

Remember, carer’s leave exists not just to protect workers on paper, but to give you time and space to look after the people who matter most – and to look after yourself.

12. When caring at home isn’t enough

Sometimes the most loving thing you can do for a sick partner is recognise when home care isn’t safe anymore.

Call Triple Zero (000) immediately and ask for an ambulance if your partner has signs of a life‑threatening emergency, such as:

• Chest pain or pressure lasting more than 10 minutes
• Severe trouble breathing or turning blue
• Sudden confusion, collapse, inability to move or speak
• Heavy bleeding that won’t stop
• Severe burns, major trauma or a suspected stroke
• Loss of consciousness or seizures

If you’re not sure what to do, you can call Healthdirect on 1800 022 222 (24/7) and speak to a registered nurse for free health advice anywhere in Australia.

They can:

• Help you decide whether to care for your partner at home,
• Suggest seeing a GP, pharmacy or urgent care clinic, or
• Advise you to go straight to the emergency department or call an ambulance.

When in doubt, it’s always safer to ask.

13. Key takeaways – and a challenge for this week

We’ve covered a lot, so let’s bring it back to the essentials.

The big points to remember about carer’s leave for your partner are:

• In Australia, sick and carer’s leave come from the same entitlement – personal/carer’s leave – under the National Employment Standards.
• You can generally use carer’s leave for a partner who is your spouse, de facto partner or household member, as long as they require care or support due to illness, injury or an unexpected emergency.
• Full‑time employees get 10 days of paid personal/carer’s leave per year, pro‑rated for part‑timers, with no separate cap just for caring. Casuals and those who run out of paid leave can usually access 2 days of unpaid carer’s leave per occasion.
• Your employer can ask for evidence, and a carer’s certificate or medical certificate is a straightforward way to provide it – including when it’s obtained through a legitimate carer’s certificate online service.
• You have employee rights in Australia protecting you from adverse action for using your lawful leave, and you can seek guidance from the Fair Work Ombudsman, your union or a workplace relations professional if there’s a dispute.

At NextClinic, our role is to make the practical side of this easier – especially when you’re already stretched thin. If you’re home looking after a sick partner and your employer needs documentation, we can help you get a carer’s certificate online, usually within an hour, so you can focus on being present for them rather than sitting in a waiting room.

Your challenge for this week

You don’t have to wait for a crisis to get organised.

This week, choose one of these simple actions:

1. Check your own entitlements.

Look up your award or enterprise agreement and read the section on sick and carer’s leave. Make a note of how much leave you have and whether your workplace has any special rules about evidence.

1. Save key numbers and resources.

Put Triple Zero (000) and Healthdirect (1800 022 222) in your phone, and bookmark the Fair Work Ombudsman’s sick and carer’s leave information. That way you’re not scrambling when you’re worried about your partner.

1. Plan your “carer’s script”.

Draft a short message you’d send your manager if you needed sudden carer’s leave for your partner, so you’re not trying to think clearly in the middle of a stressful morning.

Pick one of these and actually do it – it should only take a few minutes.

Then, if you’re reading this on the NextClinic blog, tell us in the comments:

• Which strategy did you choose?
• Did it change how confident you feel about using carer’s leave for your partner in the future?

The more we all understand our rights – and normalise caring for the people we love – the easier it becomes to balance work, health and home in a way that’s fair on everyone.

References

• Disability, Ageing and Carers, Australia: Summary of Findings, 2022 | Australian Bureau of Statistics
• Sick and carer’s leave and compassionate leave fact sheet - Fair Work Ombudsman
• Paid sick and carer's leave - Fair Work Ombudsman
• Unpaid carer's leave - Fair Work Ombudsman
• Sick and carer's leave - Fair Work Ombudsman
• AG874201  PR994010
• Compassionate and bereavement leave - Fair Work Ombudsman
• Notice and medical certificates - Fair Work Ombudsman
• Leave
• Carer's Leave Certificate Online | NextClinic
• How to Get an Online Carer's Leave Certificate | NextClinic
• Mental Health Matters: Recognizing and Managing Stress in a Busy World | NextClinic
• The Importance of Sleep Hygiene | NextClinic
• Emergency departments
• Contact us — healthdirect helpline, enquiries | healthdirect

FAQs