Sick Leave Entitlements In NSW Explained (2024)

Feeling unwell is never ideal, but knowing exactly where you stand with sick leave in New South Wales (NSW) keeps things fair and compliant for everyone. Whether you’re running a small team or navigating your own employment, understanding your rights and obligations around personal/carer’s leave under the National Employment Standards (NES) is essential.

In this guide, we’ll cover how sick leave works in NSW, who gets paid and unpaid entitlements, how leave accrues (in hours), when employers can ask for evidence, and how sick leave interacts with carer’s and compassionate leave. We’ll also step through best-practice policies so you can run a compliant and supportive workplace.

If you’d like a broader refresher first, we also have a practical guide to taking sick leave in Australia.

What Is Sick Leave (Personal/Carer’s Leave) In NSW?

Under the NES, permanent employees (full-time and part-time) are entitled to paid personal/carer’s leave when they’re unwell or injured and can’t work, or when they need to care for an immediate family or household member who is sick, injured or affected by an unexpected emergency.

Casual employees don’t get paid personal/carer’s leave. However, casuals are generally entitled to unpaid carer’s leave (typically two days per occasion) and unpaid compassionate leave (see below) when the criteria are met.

Personal/carer’s leave is a minimum entitlement. Awards, enterprise agreements or contracts can give more than the NES, but they can’t lawfully give less.

How Much Sick Leave Do You Get And How Does It Accrue?

The NES provides 10 days of paid personal/carer’s leave per year for a full-time employee, calculated based on ordinary hours (not overtime). Because it’s measured in hours, it scales fairly with different rosters and part-time arrangements.

• Full-time: 10 days per year, typically recorded as 76 hours (10 x 7.6 hours) for a 38-hour week.
• Part-time: Pro-rata based on ordinary hours (for example, half-time hours = half the yearly hours).

Importantly, personal/carer’s leave:

• Accrues progressively in hours as you work across the year. It’s not granted as a lump sum at the start of each year of service.
• Is cumulative - unused balances carry over from year to year. There is no cap on how much can accumulate.
• Isn’t paid out and can’t be cashed out when employment ends under the NES. It’s a “use when needed” entitlement, not a termination payment.
• Doesn’t transfer if you move to a new employer.

Because accrual is in hours, your balance doesn’t “reset” on 1 January. Many businesses show balances on payslips so employees can see accrual and usage. Employers must keep accurate leave records.

When Can You Use Sick Leave - And What Evidence Can Be Required?

You can take paid personal/carer’s leave when you’re unfit for work due to personal illness or injury, or when you need to provide care or support to an immediate family or household member who’s ill, injured or facing an emergency.

Reasonable evidence can be required for any period of paid personal/carer’s leave - even a single day or part day. This is often a medical certificate or, in appropriate cases, a statutory declaration.

Evidence And Notice: Practical Points

• If your employer asks for evidence, you should provide it as soon as reasonably practicable. Workplaces can request evidence for any absence.
• Workplace policies or contracts can set clear requirements about how and when to notify an absence and what evidence is acceptable.
• If sufficient evidence isn’t provided when reasonably required, paid leave may be refused for that absence and other employment consequences may apply.

If you’re weighing up whether a certificate is needed for a short absence, our explainer on sick days without a certificate covers how workplaces commonly approach evidence for single-day absences. For casuals, there’s also a separate discussion about medical certificates and unpaid carer’s leave.

Carer’s Leave Vs Your Own Illness

Personal/carer’s leave is one combined balance for both situations. If you’re caring for a family or household member (rather than unwell yourself), you’ll still draw from the same paid entitlement if you’re a permanent employee. Casuals can access unpaid carer’s leave per occasion.

Medical Clearance To Return To Work

In some circumstances, employers can request a medical clearance to confirm fitness for duty, particularly following extended absences, safety-sensitive roles or return-to-work plans. This needs to be reasonable in the circumstances. We outline common scenarios in our guide on medical clearance to return to work.

Public Holidays And Sick Leave

If a public holiday falls during your approved period of personal/carer’s leave, the public holiday isn’t deducted from your leave balance.

Related Entitlements: Compassionate Leave And NSW Health Nuances

Compassionate Leave (Bereavement Leave)

Employees are entitled to two days of compassionate leave per occasion if an immediate family or household member dies or suffers a life‑threatening illness or injury. For permanent employees, this leave is paid; for casuals, it’s unpaid. Compassionate leave is separate from personal/carer’s leave.

NSW Health And Other Public Sector Awards

If you work in NSW Health or another public sector agency, your enterprise agreement or award may set out additional procedures or more generous benefits on top of the NES (such as different evidence rules, accrual methods, or special leave types). Always cross‑check your award or agreement and internal policy to confirm how those arrangements operate alongside the NES.

Best Practice For Employers: Policies, Pay And Recordkeeping

Getting your sick leave processes right protects your staff and your business. It prevents miscommunication and helps you comply with the Fair Work framework.

Core Compliance Tips

• Track accrual and usage accurately. Use a reliable payroll system to accrue in hours and show balances on payslips.
• Pay correctly. Personal/carer’s leave is paid at the employee’s base rate for ordinary hours they would have worked (exclude overtime and bonuses).
• Ask for reasonable evidence when needed. Ensure requests are consistent and aligned with your policy and any award or agreement.
• Respect privacy. Keep medical information confidential and accessible only on a need‑to‑know basis.
• Handle edge cases fairly. If someone has no paid balance left, additional time off is generally unpaid unless your policy, award or agreement provides otherwise.

When an employee’s paid balance is exhausted, this guide to managing leave when entitlements run out steps through lawful options and practical next moves.

Policies And Contracts That Make Sick Leave Clear

Documenting your approach makes day‑to‑day decisions simpler. At a minimum, set expectations in each employee’s Employment Contract and your workplace policy or Staff Handbook. Your documents should cover:

• How and when to notify an absence (e.g. who to contact and by what time).
• What evidence may be required (medical certificates or statutory declarations) and how to submit it.
• When personal/carer’s leave is paid or unpaid and what happens once balances are exhausted.
• Any additional entitlements or processes under relevant awards or enterprise agreements.

Clear, tailored documents reduce avoidable disputes and support a consistent culture of care and compliance.

Common Questions About Sick Leave In NSW

How many paid sick days can I use in a year?

There’s no maximum “cap” beyond your available balance. A full‑time employee will typically accrue 76 hours each year (10 days at 7.6 hours), and unused hours roll over indefinitely. If you have a larger accumulated balance, you can use it if you’re unwell and you provide reasonable evidence if asked.

Does sick leave get paid out when I resign?

No. Under the NES, personal/carer’s leave is not paid out on termination and cannot be cashed out. It’s there to support you when you’re ill or caring for someone, not as a termination entitlement.

Can my employer refuse sick leave?

If you have accrued paid leave and provide reasonable evidence when requested, an employer generally can’t refuse personal/carer’s leave. If evidence isn’t provided when reasonably required, the employer may treat the time off as unpaid.

Can I use sick leave during a notice period?

Yes. You can use accrued personal/carer’s leave during notice if you’re unwell or caring for someone, and normal notice and evidence rules continue to apply. We cover how this works during a notice period.

What if I can’t get a medical appointment right away?

Provide notice as soon as you can, follow your policy, and submit evidence as soon as reasonably practicable. For short absences, some workplaces accept a statutory declaration if a medical certificate isn’t available - provided your policy allows it. Our overview on sick days without a certificate explains common approaches.

What happens when I run out of paid sick leave?

Further absences are generally unpaid unless your award, agreement or policy offers extra paid leave. Employers should consider options like unpaid leave, reasonable adjustments, or return‑to‑work planning. See our practical guide on managing leave when entitlements run out.

Key Takeaways

• Personal/carer’s leave under the NES gives full‑time employees 10 days of paid leave per year (pro‑rated for part‑time), accrued progressively in hours and carried over each year.
• Casual employees don’t get paid personal/carer’s leave but can take unpaid carer’s leave and unpaid compassionate leave when eligible.
• Employers can require reasonable evidence (such as a medical certificate or statutory declaration) for any period of leave, including a single day or part day.
• Unused personal/carer’s leave is not paid out on termination and cannot be cashed out under the NES.
• Compassionate leave is two days per occasion; it’s paid for permanent employees and unpaid for casuals, and it’s separate from personal/carer’s leave.
• Clear documents - an up‑to‑date Employment Contract and Staff Handbook - set expectations for notification, evidence and pay, and help you stay compliant.
• For edge cases like evidence for short absences, return‑to‑work clearances or leave during notice, check your policy and refer to resources on taking sick leave and practical guides linked above.

If you would like a consultation on your sick leave entitlements, policies or any other employment law questions, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.