Managing sick days is part and parcel of running a team in Australia. Most of the time, it’s straightforward: someone is unwell, they stay home, and you keep things moving. But questions pop up quickly for employers - what counts as a “good reason” for sick leave, when can you ask for evidence, what if the employee has no paid leave left, and how do you keep the process fair while protecting your business?
In this guide, we break down how personal/carer’s leave works under the National Employment Standards (NES), what you can reasonably expect from staff, and the best ways to manage absences lawfully and consistently. The aim is a supportive culture that’s also compliant and practical for day-to-day operations.
What Counts As Sick Leave In Australia?
Under the NES, personal/carer’s leave covers two things:
- An employee’s own illness or injury (personal leave), and
- Caring for an immediate family or household member who is ill, injured, or affected by an unexpected emergency (carer’s leave).
Full-time employees are entitled to paid personal/carer’s leave (10 days per year, accruing progressively); part-time employees get a pro‑rata amount. Leave rolls over year to year if unused. Casual employees don’t receive paid personal/carer’s leave but do have access to unpaid carer’s leave and other NES entitlements.
Importantly, personal/carer’s leave is for when the employee is unfit for work due to illness or injury, or when they need to care for an immediate family/household member. It’s not a general allowance for personal errands or routine appointments that could reasonably occur outside work hours.
For more detail on entitlements and how they accrue, it helps to understand the basics of taking sick leave in Australia and how sick days accrue over time.
Good Reasons For Sick Leave: What’s Legitimate?
Most “good reasons” share a common theme: the employee can’t safely or reasonably perform their work, or they need to care for an immediate family/household member due to illness, injury or an emergency. Common examples include:
- Short‑term illness: Colds, flu, fever, respiratory infections, gastrointestinal illness or similar conditions that make the employee unfit to work (or would risk infecting others).
- Injury and recovery: Sprains, fractures, post‑operative recovery (including day procedures), or other injuries that prevent safe or effective performance of duties.
- Chronic or episodic conditions: Migraines, chronic pain, asthma, diabetes flare‑ups and similar conditions that sometimes require time off.
- Mental health: Anxiety, depression, acute stress or other mental health episodes affecting the employee’s capacity to work. Mental health is as valid as physical health - treat it consistently and respectfully.
- Pregnancy‑related illness: Morning sickness, pregnancy complications or post‑natal recovery that makes the employee unfit for work.
- Carer’s responsibilities: Caring for a sick child, partner or household member, or responding to an unexpected emergency affecting them.
What about routine appointments? By default, routine or non‑urgent appointments (dentist, check‑ups, planned antenatal visits) aren’t personal/carer’s leave unless the employee is unfit for work or the appointment relates to caring responsibilities that meet NES criteria. You can agree to another type of leave (for example, annual leave), allow time off without pay, or offer flexibility under your policy or enterprise agreement.
If the situation isn’t clear, focus on fitness for work and caring obligations. You don’t need a diagnosis - just reasonable evidence that the employee was unfit or had a qualifying caring responsibility.
Notice And Evidence: What Can You Require?
The NES requires employees to notify you “as soon as practicable” that they’re taking personal/carer’s leave and to advise the expected period of absence (if known). There is no fixed number of hours’ notice in the Fair Work Act, but setting a clear, reasonable rule in your policy helps. Many employers ask for notice 1–2 hours before a shift starts where practicable, while recognising emergencies happen.
Reasonable Evidence
You can request reasonable evidence for any absence, including single‑day absences, if it’s reasonable in the circumstances. Typically this is a medical certificate or a statutory declaration stating the employee was (or is) unfit for work or needed to provide care. You don’t need - and shouldn’t request - private medical details or a diagnosis.
Make sure your approach is consistent. Spell out when you require evidence and what forms are acceptable in your staff handbook or workplace policy. If your workforce includes casuals, be clear on evidence thresholds for unpaid carer’s leave and how you manage roster impacts. For practical boundaries, many employers align their rules with guidance on asking for medical certificates and, where relevant, evidence from the first day of an absence.
Privacy And Sensitivity
Handle all health information carefully and store it securely. Limit access to those who genuinely need to know and avoid recording unnecessary detail. If you need a fitness‑for‑work update (for example, after an extended absence), take a measured approach and consider a neutral request for clearance consistent with your policy framework and guidance on medical clearance to return to work.
Common Notice Questions
- How much notice is reasonable? “As soon as practicable” is the legal baseline. Your policy can set practical expectations (e.g. 1–2 hours before the shift) while allowing for emergencies.
- Can you insist on a phone call? You can set a preferred notification method (call, SMS, email) in your policy. Apply it consistently and accommodate accessibility needs.
- What if the employee can’t provide notice until later? The NES recognises that sometimes notice is only possible after the fact - ask for evidence if appropriate and focus on clear, future communication.
Longer Absences, Patterns And Return To Work
Every workplace experiences longer absences from time to time. Your goal is to manage operational risk while supporting the employee and staying lawful.
Two Days Or More
If an absence lasts two days or more, it’s common (and reasonable) to require evidence such as a medical certificate. In truth, you may request evidence from day one if it’s reasonable in the circumstances. Make sure your policy explains when evidence is required, what you’ll accept, and how to submit it.
Frequent Short Absences
Repeated single‑day absences clustered around weekends or public holidays can suggest a pattern. Approach this carefully. Have a private, respectful conversation, explain what you’ve noticed, and ask how you can support reliable attendance. If appropriate, you can indicate you’ll require evidence for future single‑day absences for a period of time. Sometimes frequent sick leave signals workplace stress, workload issues or an underlying health condition - support and clarity often help more than a blunt warning.
When Paid Leave Runs Out
If a permanent employee has used their paid personal/carer’s leave and is still unfit for work, there isn’t a general NES entitlement to unpaid “sick leave” for their own illness. You can agree to unpaid leave (it’s by agreement), consider annual leave if the employee requests it, or explore flexible arrangements if appropriate. Where the absence is to care for an immediate family or household member, the NES does provide unpaid carer’s leave (two days per permissible occasion) when paid personal/carer’s leave has been exhausted.
Casual employees may take unpaid carer’s leave per permissible occasion when needed for caring responsibilities. For practical tips on options when balances are low, it’s worth reviewing how to approach sick leave when entitlements run out.
Return To Work And Fitness
After extended illness or injury, planning a safe return is key. Depending on the role and medical advice, consider temporary adjustments, graduated hours or different duties. If you reasonably need assurance that it’s safe for the employee to return and perform the inherent requirements of their role, it can be appropriate to request a fitness‑for‑work confirmation consistent with your policy and with respect for privacy.
Sick Leave During Notice Period
Employees can take personal/carer’s leave during a notice period if they’re genuinely unfit or have caring responsibilities. They should provide notice and evidence when requested, as usual. If you’re navigating a resignation or termination, check the rules around sick leave during a notice period so you handle pay and entitlements correctly.
What Isn’t Sick Leave (And What To Do Instead)?
Some absences don’t sit within personal/carer’s leave. Knowing the difference helps you set fair boundaries and offer alternatives.
- Personal errands or leisure: These aren’t covered. Consider annual leave, time in lieu or unpaid leave by agreement.
- Non‑urgent appointments: Routine check‑ups or appointments that could reasonably occur outside work aren’t generally personal/carer’s leave unless the employee is unfit for work. The same applies to standard antenatal appointments - they’re not automatically personal leave unless illness makes the employee unfit.
- Working elsewhere or side gigs: Using sick leave to perform other paid work is inappropriate and may be a disciplinary matter.
- Misrepresentation: Falsely claiming illness or caring responsibilities can be misconduct. Follow your disciplinary procedure fairly and consistently if this arises.
When leave isn’t personal/carer’s leave, talk through alternatives: annual leave, flexible hours, swapping shifts (if appropriate), or unpaid leave by agreement. If you’re concerned about a pattern or integrity, take a measured, evidence‑based approach and refer back to your procedures.
Policies, Contracts And Records: Put The Right Framework In Place
A clear framework makes sick leave easier for everyone. The essentials include:
- Employment Contracts: Confirm entitlements, notice requirements and evidence expectations in an Employment Contract that aligns with the NES and any applicable award or enterprise agreement.
- Sick Leave Policy: Document notification times, who to contact, acceptable evidence, single‑day evidence rules (if applicable), and how you’ll handle repeated absences or return‑to‑work steps. Many businesses house this in a Staff Handbook.
- Privacy Practices: Health information is sensitive. Limit collection to what’s necessary and store it securely. If you collect employee information via systems, make sure your Privacy Policy and internal practices reflect your obligations.
- Record‑keeping: Keep accurate records of leave balances, dates of absence and evidence received. Apply your policy uniformly - consistency is a major risk reducer.
Finally, managers need simple tools: a short checklist, escalation points, and template wording for requesting evidence. Training supervisors on tone and privacy goes a long way.
Practical Scenarios (And How To Respond)
- One‑day absence with frequent repetition: Have a supportive chat and set expectations. You can require evidence for future single‑day absences for a period if reasonable and applied consistently.
- Mental health day request: Treat it the same as a physical illness. If you would ordinarily require a certificate for the length/frequency, do so here as well - consistently and respectfully.
- Employee feels “not quite right” and wants to avoid infecting others: This is a sensible use of sick leave. Request evidence according to your policy if appropriate.
- Employee runs out of paid leave: Consider annual leave on request, unpaid leave by agreement, or flexible arrangements. For caring responsibilities, remember the NES entitlement to unpaid carer’s leave in the circumstances allowed.
- Illness occurs during annual leave: If evidence supports that the employee was unfit for work, those days can generally be treated as personal/carer’s leave instead of annual leave, consistent with the NES and your policy.
If you’re unsure whether an absence or response is lawful, it’s a good time to get tailored employment advice before you act. As a baseline, also make sure you’re across your obligations when an employee is sick at work and what safe work looks like in your setting.
Key Takeaways
- Personal/carer’s leave under the NES covers an employee’s illness or injury, and caring for an immediate family or household member who is ill, injured or affected by an emergency.
- Legitimate sick leave reasons include short‑term illness, injury, chronic condition flare‑ups, mental health, pregnancy‑related illness and genuine caring responsibilities; routine appointments aren’t personal leave unless the employee is unfit for work.
- Employees must notify you as soon as practicable and you can require reasonable evidence - including from day one if it’s reasonable in the circumstances - while respecting privacy.
- If paid personal/carer’s leave runs out, unpaid leave for the employee’s own illness is by agreement; the NES provides unpaid carer’s leave per permissible occasion when caring responsibilities apply.
- Use a clear policy, consistent processes and good records to manage patterns, longer absences and return‑to‑work safely and fairly.
- Lock key settings into your Employment Contract and Staff Handbook, and handle health information in line with your Privacy Policy.
- For tricky situations, check guidance on certificates and evidence, consider options when leave runs out, and get advice before taking disciplinary steps.
If you would like a consultation on managing sick leave or reviewing your workplace policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
