Understanding Sick Leave in Australia: How Many Days Do You Get a Year?

Sick leave, also known as personal/carer’s leave, is a fundamental aspect of employment in Australia. It provides everyone with the necessary time off to recover from illness or to care for a sick family member. Understanding the entitlements and regulations surrounding sick leave is crucial for both employees and employers. This blog post delves into the details of how many sick leave days you get in Australia, including the nuances of the entitlement, how it accrues, and what it means for different types of workers.

What is Sick Leave?

Sick leave is an entitlement for every employee which allow them to take paid time off work when they are sick or injured, or when they need to care for an immediate family member or household member who is sick, injured, or affected by an unexpected emergency. Sick leave is formally termed as carer’s leave when you are taking off days to take care of your family member, instead of yourself.

The Fair Work Act 2009 governs these entitlements, ensuring that all employees covered by the national workplace relations system have access to paid sick leave. It is an essential protection that helps maintain workplace health and safety, allowing employees to recover without the pressure of losing income or job security.

Sick Leave Entitlements in Australia

Full-time and part-time employees in Australia are entitled to 10 days of paid sick/carer’s leave per year. This entitlement accrues progressively during the year and is based on the number of ordinary hours worked. For part-time employees, the entitlement is pro-rata, meaning it is proportionate to the hours they work.

Casual employees, however, do not have a paid sick leave entitlement. Instead, they receive a higher rate of pay known as “casual loading,” which compensates for the lack of paid leave entitlements such as sick leave and annual leave. Casual workers do have access to unpaid carer’s leave and unpaid compassionate leave, which provides some level of protection for unexpected circumstances.

How Does Sick Leave Accrue?

Sick leave accrues over time as employees work. The accrual rate is based on an employee’s ordinary hours of work, not on overtime or hours worked beyond their normal schedule. For example, a full-time employee who works 38 hours per week will accrue sick leave at a rate of 1/26th of their ordinary hours each week. Over the course of a year, this accrues to 76 hours, or 10 days, of sick leave. Part-time employees accrue sick leave at the same rate, but since they work fewer hours, their total leave accrued over the year will be less than those working full-time.

It’s important to note that sick leave accumulates year after year if it’s not used. There’s no limit to how much sick leave an employee can accrue, which means long-term employees can build up a significant amount of sick leave over time. But it is always a good idea to check with your HR as each companies might have their individual rules and policies.

Using Sick Leave: Employee Rights and Responsibilities

When an employee needs to take sick leave, there are certain obligations they must fulfill. Firstly, they must notify their employer as soon as possible, which could be before their shift starts or immediately afterward, depending on the company’s policies.

Employers can request evidence for sick leave, such as a medical certificate or a statutory declaration, especially if the leave is for more than one or two days. This helps to ensure that the leave is taken for genuine reasons and prevents misuse of the entitlement.

Employees can use sick leave in different ways:

• Personal Sick Leave: This is when an employee is unwell or injured and unable to perform their duties.
• Carer’s Leave: This is when an employee needs to care for a family member or household member who is sick, injured, or facing an emergency. The family member could be a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling.
• Part-Day Sick Leave: Employees can take a few hours of sick leave instead of a full day, which is helpful for attending medical appointments or recovering after an illness.

At NextClinic, we provide both personal sick leave and carer’s leave. We don’t offer part-day sick leave but considering how affordable we are at $19.90 for one-day certificate and $29.90 for two-day leave, you might as well get a one-day certificate.

What Happens When Sick Leave Runs Out?

If an employee uses up all their paid sick leave, they can request additional unpaid leave. However, this is not an entitlement, and it’s up to the employer’s discretion to grant it. In cases where the employee is unable to return to work due to a serious illness or injury, they might be eligible for other types of leave, such as annual leave or long service leave, if available.

For employees with a serious medical condition that requires extended time off work, there might be additional protections under the Fair Work Act. For example, employees are protected from dismissal due to illness or injury if they have been absent from work for less than three months in the past 12 months, or if they have taken less than their total sick leave entitlements within that period.

Sick Leave for Shift Workers and Award Workers

The sick leave entitlements can vary slightly for employees covered by awards or enterprise agreements. For instance, shift workers might have different accrual rates or additional conditions that apply, depending on the specific award or agreement.

For employees working under specific industry awards, the entitlement to sick leave might include provisions for additional leave days or different accrual methods. Employers and employees should refer to the relevant award or enterprise agreement to understand their specific entitlements and obligations.

The Importance of Managing Sick Leave

From an employer’s perspective, managing sick leave is vital to maintaining workplace productivity and morale. Excessive absenteeism can disrupt operations and place additional pressure on other employees. On the other hand, not providing adequate sick leave or overly scrutinizing on sick leave policy can lead to employees coming to work when unwell, which can result in a spread of illness in the workplace and reduced overall productivity.

Effective sick leave management involves clear policies, open communication, and a supportive work environment. Employers should encourage employees to use their sick leave when genuinely needed and ensure that they understand the importance of staying home when unwell. We are always supportive of the policy allowing employees to take sick leave without requiring a medical certificate. If someone is really sick, they will be better off spending the majority of that absent time in bed recovering from whatever condition they are having, instead of waiting for a long time in a GP waiting room, potentially increasing your chance of worsening your condition with plethora of infections swarming in a patient wait room. At NextClinic, we are making this process as convenient as possible for the patients and you can now easily request a medical certificate in just a few clicks and a teleconsultation session.

Sick Leave During COVID-19

The COVID-19 pandemic brought new challenges to managing sick leave in Australia. During the pandemic, many employers implemented more flexible sick leave policies to accommodate the need for self-isolation and quarantine. The government also introduced various support measures to help workers who were not entitled to paid sick leave, such as casual employees.

For employees who tested positive for COVID-19 or were required to isolate, using sick leave was a primary option. If they ran out of paid sick leave, they could access unpaid leave or, in some cases, special pandemic leave provisions that were introduced during the crisis.

The pandemic highlighted the importance of sick leave in protecting both employees and the broader community. It also underscored the need for businesses to be adaptable in their sick leave policies, particularly in response to public health emergencies.

Sick Leave and Mental Health

In recent years, there has been a growing recognition of the importance of mental health in the workplace. Employees are increasingly taking sick leave to address mental health issues such as stress, anxiety, and depression.

Australian law recognizes that mental health is just as important as physical health, and employees are entitled to take sick leave for mental health reasons. Employers are encouraged to support employees in managing their mental health by promoting a positive work environment and providing access to mental health resources.

Taking sick leave for mental health reasons follows the same rules as for physical health reasons, including the requirement to provide evidence if requested by the employer. This might include a letter from a psychologist, psychiatrist, or general practitioner.

Conclusion

Sick leave is an essential component of employment in Australia, providing workers with the security of knowing they can take time off to recover from illness or care for a loved one without losing income. Full-time and part-time employees are entitled to 10 days of paid sick leave per year, which accrues based on their ordinary hours of work and can carry over from year to year if not used.

Understanding how sick leave works, including the rights and responsibilities of both employees and employers, is crucial for maintaining a healthy and productive workplace. Whether dealing with a minor illness, a serious injury, or a mental health issue, employees should feel supported in taking the time they need to recover.

For employers, managing sick leave effectively is key to sustaining business operations and promoting employee well-being. By fostering an environment where employees feel comfortable using their sick leave when needed, businesses can help prevent the spread of illness, reduce absenteeism, and support the overall health and happiness of their workforce.

As the world continues to adapt to new challenges, including those brought on by the COVID-19 pandemic, the role of sick leave remains more important than ever. It not only protects individual employees but also contributes to the broader public health and safety of the community.