Provide 10 days personal/carer's leave per NES
All full-time employees accrue 10 days paid personal/carer's leave per year of service.
Who must comply
All national-system employers.
What triggers it
Employee taking personal/carer's leave.
When due
On each request; accrual per pay period.
Evidence required
Leave records; medical certificate if requested.
Max penalty
Civil penalties for failure to provide; underpayment recovery
Summary
Section 96 of the Fair Work Act provides for paid personal/carer's leave under the National Employment Standards (NES). Pro-rata for part-timers. Used for personal illness/injury or to care for a household member. Mondelez ruling (2020) — 10 'days' means 10 weekday-shift days regardless of hours worked.
Enforced by
Source legislation
Topics
Related obligations
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- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
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Frequently asked questions
- Who must comply with 10 days personal/carer's leave per NES?
- All national-system employers.
- What triggers 10 days personal/carer's leave per NES?
- Employee taking personal/carer's leave.
- When is 10 days personal/carer's leave per NES due?
- On each request; accrual per pay period.
- What is the maximum penalty for 10 days personal/carer's leave per NES?
- Civil penalties for failure to provide; underpayment recovery
- What evidence is required for 10 days personal/carer's leave per NES?
- Leave records; medical certificate if requested.
Source: https://fairwork.gov.au/leave/sick-and-carers-leave. Rules Mate is not a law firm. Always verify against the live regulator source before acting.