Out of Sick Leave? Here's What You Can Do

Feeling under the weather but you've run out of sick leave? It's a tough situation many Australians face. You've exhausted your paid sick days, yet you’re still unwell and not ready to return to work. What can you do when your sick leave balance hits zero? Don't panic – there are several options and protections available to help you through this period. This guide will walk you through your choices, from taking unpaid leave or tapping into insurance, to accessing government support. We'll also cover how clear communication and the right documentation (like a medical certificate) can safeguard your job while you recover.

Remember, you're not alone in this, and help is available. Services like NextClinic (a telehealth platform in Australia offering medical certificates, prescription repeats, and specialist referrals online) can even assist you in getting a doctor's certificate online without having to visit a clinic – a lifesaver when you're too sick to leave home. Let's break down the steps and resources for handling a situation where you're out of sick leave but still need time off work.

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Understanding Your Sick Leave Entitlements

Before exploring what to do next, it helps to recap how sick leave works under Australian law. Under the National Employment Standards (NES), full-time employees accrue 10 days of paid personal/carer's leave (sick leave) per year. Part-time employees get a proportional amount based on hours worked, and any unused sick leave rolls over to the next year. (Casual employees, on the other hand, do not get paid sick leave entitlements.) This leave is there to cover you when you can’t work due to illness or injury, ensuring you still get paid during short-term illnesses.

However, 10 days a year isn't always enough. A serious flu, an injury, or other health issues can have you sidelined for longer. If you’ve been with your employer for a while, you might have accumulated a healthy balance of sick leave. But if you’ve used it up – or if you had little accrued to begin with – you may quickly find yourself with no paid sick leave left while still feeling unwell. So, what happens next? Fortunately, running out of paid sick leave doesn't mean you have to rush back to work before you're ready. You have several avenues to explore to make sure you can focus on your health without losing your income or your job.

Unpaid Leave and Other Options After Sick Leave

Once your paid sick leave is exhausted, one of the first things to consider is taking additional time off as unpaid leave. Many people do this when they have no paid leave left. In Australia, unpaid sick leave isn’t an automatic entitlement in most cases – it usually requires your employer’s agreement​. The good news is that employers often will grant unpaid leave if you're genuinely ill and communicate openly about your situation. Here are some options to discuss with your employer:

• Unpaid sick leave: Explain to your employer that you need more time off to recover and request an unpaid leave of absence. Most reasonable employers will allow this, especially if you provide a medical certificate as evidence of your illness. Remember, it's better to have an approved unpaid leave than to simply not show up – an approved unpaid sick leave keeps your absence legitimate, whereas just calling in sick with no leave left could be considered an unauthorised absence​.
• Use annual leave: If you have accrued annual leave (holiday leave) and you'd prefer to continue getting paid while off sick, ask your employer if you can use some of your annual leave days to cover the absence. Employers are generally open to this because it doesn’t cost them extra – it’s using leave you've earned. Do keep in mind, your employer has to approve annual leave timing, but they usually won't unreasonably refuse when it's for a genuine health issue. Some workplaces even have policies to let you convert annual leave to sick leave in special circumstances.
• Long service leave: For those who have been with their company for many years and built up long service leave, this could be another fallback. In some cases, employers might let you take pro rata long service leave early for illness, or use part of it if you're eligible, to cover an extended sick break. This isn't always applicable, but it's worth asking about if you have a significant long service leave balance.
• Special discretionary leave: Check your employment contract or company policies – a few workplaces offer additional compassionate leave or discretionary health leave for employees facing serious illnesses. While not common, some large employers or those with enterprise agreements might have provisions for extra sick leave days or "income protection" leave for staff. It doesn't hurt to review your contract or ask HR about any such options.

The key is to have an open conversation with your employer about these possibilities. If you approach them with a plan – for example, "I'd like to request two weeks of unpaid leave to recover, and I have a doctor's certificate to support this" – you're more likely to get a sympathetic response. It shows you're being responsible and proactive about managing your absence.

Communicate Early and Clearly with Your Employer

When you realise that you'll need more time off than your paid sick leave covers, communication with your employer is crucial. Let your manager or HR department know as soon as possible that you're still unwell and for how long you might be away. Being upfront early on helps your employer plan around your absence (like arranging temporary cover for your duties) and shows that you're mindful of work obligations even while ill.

Here are some tips for communicating about extended sick leave:

• Notify promptly: Don't wait until you've already run out of leave to inform your employer. As soon as it's clear you’ll be out longer than expected, send a message or call. For example, you might say, "My doctor has advised I take another two weeks off. I've used my sick leave, so I'll need to discuss other leave options with you." Early notice is often appreciated and can reduce any frustration on your employer’s part.
• Be clear and honest: Explain the situation in plain terms. You don’t have to overshare all the medical details (your privacy is respected), but do let them know the general reason (e.g. recovery from surgery, severe flu, etc.) and how long you anticipate being away. If you're not sure how long, it’s okay to say it's uncertain, but give a rough estimate and commit to providing updates.
• Provide a medical certificate: Employers have the right to ask you for evidence of your illness or injury, and most will definitely want it if you're taking extended time off or unpaid leave. Make sure you obtain a doctor’s certificate covering the additional time you need. If seeing a doctor in person is difficult, you can get a medical certificate online through services like NextClinic so you have official documentation. A medical certificate reassures your employer that your absence is legitimate and medically necessary.
• Discuss leave arrangements in writing: It's wise to follow up any verbal conversations with an email outlining what's been agreed. For instance, if your employer agrees to two weeks of unpaid leave or to use a week of annual leave, write an email thanking them and stating those details. This creates a record and avoids any misunderstandings later.
• Keep in touch: If your recovery timeline changes – say your doctor advises you to rest an extra week, or conversely you start feeling better sooner – update your employer. Keeping the communication lines open will make your eventual return to work smoother. A quick weekly update email when you're on extended leave can be a good practice, just to let them know how you're going and reaffirm that you intend to return as planned.

By communicating early and often, you maintain trust with your employer. Most employers will be supportive when you approach the situation professionally and provide the necessary info. Remember, at the end of the day everyone wants you back healthy and able to work, so it’s in both parties’ interest to handle the situation cooperatively.

Know Your Job Protection Rights

You might be wondering, "Can I actually lose my job for taking too much sick leave?" In Australia, the law provides important protections to prevent unfair dismissal due to genuine illness. It’s important to know your rights so you can recover with peace of mind.

Under the Fair Work Act’s provisions, if you are absent from work due to illness or injury and have a medical certificate or other reasonable evidence, your employer generally cannot fire you just for being sick – at least not in the short term​. There's a common rule often referred to as the "3-month rule". Essentially, as long as your absence is less than 3 months (or a total of 3 months over the past 12 months) and you have evidence of your illness, your job is protected. This protection applies whether you’re on paid or unpaid sick leave during that time. In fact, even if you have no paid sick leave left but are on an approved period of sick leave, your employer can't terminate you for that absence alone during the protected period.

What happens if you are sick longer than three months? Once your absence extends beyond 3 months and you've exhausted any paid leave, that specific protection lapses​. At that point, in theory, an employer could consider terminating your employment due to incapacity. However, it's not a simple "fire at 3 months" cut-off. Employers must still follow fair procedures and have a valid reason. If they dismiss someone who is ill, they could face claims for unfair dismissal or discrimination. For example, if your illness could be considered a disability, terminating you might breach anti-discrimination laws or general protections under the Fair Work Act​. Also, if they don’t follow due process (like giving warnings or considering reasonable adjustments), you could challenge the dismissal as harsh or unreasonable.

The key takeaway: for at least three months of illness, your job is generally safe as long as you keep your employer informed and provide medical documentation. This means you should not feel pressured to rush back to work within a few weeks out of fear of losing your job. Focus on your health. If, unfortunately, your illness does stretch on longer than a few months, it becomes a more complex situation – but even then, there are processes and potential protections in place. If you ever feel you’re being treated unfairly due to taking sick leave, you can get advice from the Fair Work Ombudsman or your union on how to proceed.

Knowing this 3-month protection exists can give you some peace while you take the time you need to get better. Always keep your employer in the loop and provide that doctor's certificate or online medical certificate as evidence, so your absence is formally documented as approved medical leave. That way, you're covered by the law and your employer also has what they need.

Financial Support During Extended Illness

Being off work sick for an extended period can put a strain on your finances, especially once your paid leave runs out. The good news is there are financial support options that can help cover your expenses while you recover. Here are the main avenues to consider in Australia:

• Centrelink Sickness Allowance / JobSeeker Payment: The government provides income support for people who can't work due to illness. In the past, this was called Sickness Allowance, but that payment was phased out and merged into the JobSeeker Payment in 2020​. Now, even if you're not "job seeking" in the traditional sense, you can claim JobSeeker Payment if a medical condition is preventing you from working temporarily. According to Services Australia, JobSeeker Payment is available for people who "can’t work or study for a short time" due to sickness or injury, not just those who are unemployed​. To be eligible, you generally need to be aged 22 to pension age and meet income and asset tests (so your household income and savings will be assessed). You'll also need to supply medical evidence – usually a Centrelink medical certificate form filled out by your doctor – to prove that you're unfit for work. If approved, Centrelink can provide you with fortnightly payments to help with living costs while you’re on leave. Importantly, if you’re granted JobSeeker due to illness, you won't be required to look for jobs while you're recovering (they'll grant an exemption from job search requirements as long as you have a current medical certificate on file). Tip: Contact Centrelink (Services Australia) or visit their website to start a claim as soon as you think you'll need this support. There may be a waiting period (sometimes a week or more) before payments begin, so the earlier you apply the better. This safety net is there to ensure you can pay your bills and rent/mortgage while you focus on getting better. It’s designed for situations like being out of sick leave due to illness.
• Income protection insurance: Another possible lifeline is income protection insurance. This is a type of insurance that pays you a portion of your income if you're unable to work due to illness or injury. You might have an income protection policy without even realizing it – many superannuation funds include default income protection coverage for members. Alternatively, you may have purchased a policy yourself or have one as part of your employment benefits. How does it work? Typically, if you've been unable to work for a certain "waiting period" (often 30, 60 or 90 days, depending on the policy), the insurer will start paying you a monthly benefit, usually around 50-75% of your usual salary, while you're medically certified as unable to work. For example, a common policy might pay about 75% of your wage after you've been off work for 30 days, and continue paying that until you either return to work or reach a maximum period (such as 2 years, or until the policy ends)​. This can be a huge relief financially, essentially acting like a temporary salary replacement. If you have income protection insurance, make a claim as soon as it's clear your sick leave will be extended beyond the waiting period. You'll need your doctor to provide reports and you'll fill out claim forms. The insurer may also contact your employer to verify details. If the claim is approved, you'll start receiving those insurance payments directly (note: these payments are usually taxable as income). Keep in mind that not everyone has this insurance, but it's worth checking. Dig out your superannuation statement or call your super fund to ask if you have income protection cover and what the terms are. If you don't have it, unfortunately you can't buy a policy to cover an illness that's already started – but if this experience has you thinking about the future, it might be something to consider once you're back on your feet.
• Other government support: If your illness or injury turns out to be long-term or permanent (lasting longer than 6-12 months), there are other forms of government assistance to look into. For instance, the Disability Support Pension (DSP) is intended for people who are unlikely to be able to work for at least two years due to a disability or chronic illness. DSP has strict eligibility criteria (including medical and job capacity assessments), but it's something to keep in mind if your situation changes from short-term recovery to a long-term incapacity. Usually, you'd only transition to DSP if it's clear you won't be able to resume work in the foreseeable future, and you’d apply for it separately through Centrelink.
• Workers' compensation: This one depends on how you got sick or injured. If your condition is work-related – for example, you were injured on the job or you became ill due to your work environment – you should explore a workers' compensation claim. Under workers' comp, you can receive paid time off, medical expense coverage, and rehabilitation support separate from your normal sick leave. You typically need a doctor to certify that your injury/illness is work-related, and then your employer's workers' comp insurer steps in to cover your wages (often a percentage of your normal wage) and medical bills while you recover. This process is separate from your usual leave entitlements, but it’s worth mentioning because it can greatly help in cases where it applies.

Financial stress can be one of the worst parts of being seriously ill, so do use these supports if you need them. That's what they're there for. Whether it's a government payment to keep food on the table, or an insurance policy kicking in to replace your salary, these measures can bridge the gap until you're healthy enough to work again.

Getting a Medical Certificate Online When You're Unwell

Throughout this process, one thing you'll notice is that having proper medical documentation is key. Your employer will likely require a medical certificate for extended absences, Centrelink will definitely need one for any claims, and insurance providers will too. But what if you're too sick to even go to the doctor in person for a certificate? This is a common scenario – you're home in bed with a fever or injury, out of sick leave, and now you need to procure a doctor's certificate to validate your extended leave.

Thankfully, telehealth has made this much easier. These days you can get a medical certificate online without leaving your home. NextClinic, for example, is one Australian telehealth service that specializes in this. Here's how it works: you hop on the NextClinic website and request an online medical certificate for sick leave. An Australian-registered doctor reviews your request (sometimes they might give you a quick call or video chat if needed) and then they issue you a signed doctor's certificate online, which is sent to you via email – often within an hour or two. The certificate is just as valid as one you’d get by visiting a GP in person, because it’s issued by a licensed doctor and contains all the required details (doctor’s provider number, date, reason you're unfit for work, etc.).

Getting an online doctor's certificate is a game-changer when you feel awful and shouldn't be driving or sitting in a clinic waiting room. It allows you to document your illness from the comfort of your bed. Employers are increasingly accepting online medical certificates, especially after the pandemic accelerated telehealth usage. Just make sure the certificate comes from a reputable service with registered Australian doctors (like NextClinic) so there’s no concern about authenticity.

Using a telehealth service to get your medical certificate online also helps you stay on top of your obligations. You can promptly email the certificate to your employer as proof, without delay. If Centrelink needs a medical certificate form, you can have a telehealth doctor fill it out. And if your employer requires a new certificate every week or fortnight during your absence, you can obtain those through follow-up telehealth consultations just as easily, rather than dragging yourself to a clinic each time.

Aside from medical certificates, remember that NextClinic’s online doctors can assist with other needs during your sick leave. If you require a prescription refill for medication while you're home recovering, you can get your prescription repeats through an online prescription service (telehealth eScript) instead of visiting a GP in person. If your GP or specialist referral has lapsed and you need a new one to continue treatment, you can even get a specialist referral online via NextClinic's platform. These services ensure you have continuity of care with minimal hassle. All of this can be done with a few clicks and a short telehealth consult, which is a relief when you're not in a state to go out.

How to get started? It’s simple: visit NextClinic’s website and select the service you need – for example, "Request a Medical Certificate". You'll fill in a form about your symptoms and situation. A doctor will review it quickly (doctors are online from early morning until late night, 7 days a week). Once approved, your online medical certificate will be emailed to you as a PDF you can forward to your boss or HR. The process is secure, legitimate, and fast. Plus, you only pay a fee if the doctor approves and issues the certificate. This convenience means one less thing to worry about while you're recuperating.

By taking advantage of telehealth for documentation, you can focus on getting better rather than traveling around town while ill. It's one of the modern perks that make dealing with extended sickness a bit easier. And your employer will appreciate that you're still fulfilling your duty to provide evidence of your illness, even if you're doing it online.

Focus on Recovery and Plan Your Return

Finally, while navigating the logistics of leave and finances, remember that your health is the top priority. Give yourself permission to recover fully before rushing back to work. It might feel stressful to be away from your job for so long, but going back too soon could set you back further if you relapse or perform poorly because you're still unwell.

Stay in touch with your doctor and follow their advice on when it's okay to return to work. If you've been off for a lengthy period, ask your doctor to provide a "fit for work" note or clearance letter when the time comes – some employers require this after extended sick leave to ensure you're ready to resume duties. This is another thing you can obtain via telehealth if needed.

When you and your doctor agree you're ready, talk to your employer about your return. Give them a heads up about your first day back. If you feel you might need any adjustments initially (perhaps lighter duties or flexible hours for a short while), discuss it with them. Employers have an obligation to consider reasonable adjustments for employees returning from illness or injury, especially if any effects of your illness are ongoing.

Most importantly, ease back in gently if possible. Your workplace might offer a phased return (e.g. part-time hours for a week or two) to help you transition. Take it one day at a time and don't push yourself too hard on the first days back. It's normal to take a bit of time to get back up to speed after a significant illness absence.

Throughout this whole experience, keep copies of all your paperwork – medical certificates (including any online medical certificates you got), Centrelink documents, insurance claims, emails with your employer about leave, etc. Having a paper trail ensures everything stays clear and can protect you if there are any disputes or confusion.

The situation of being out of sick leave is undoubtedly challenging, but with the right approach you can get through it. Use the support systems available – whether that's a government payment, an understanding boss who lets you take unpaid leave, or a telehealth doctor who can quickly send you a doctor's certificate online. These resources exist to help people exactly in your position. By knowing your rights and options, communicating well, and taking care of your health, you'll be in the best position to recover fully and get back to work when you're ready.

Being out of sick leave is stressful, but by knowing your options – and with a little help from services like NextClinic for those online doctor's certificates – you can navigate the situation with confidence and get the support you need until you're back on your feet. Your health comes first, and there are safety nets and solutions to ensure you can take the time off you require. Here's to a smooth recovery and a successful return to work when you're ready!

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