Paid personal/carer’s leave
The Fair Work Act 2009 (Cth) provides for personal/carer’s leave for employees other than casual employees.
For each year of service with an employer as a part time or full-time employee, employees are entitled to 10 days of paid personal/carer’s leave. This entitlement accrues pro rata during the year according to an employee’s ordinary hours. An entitlement to personal/carer’s does not expire at the end of a year and continues to accrue throughout employment.
An employee can take paid personal/carer’s leave if the leave is taken for the following reasons:
- the employee is not fit for work because of a personal illness or injury; or
- to provide care or support to a member of the employee’s immediate family or a member of the employee’s household (the member) who requires care or support because of:
a. a personal illness or injury of the member; or
b. an unexpected emergency affecting the member.
However, it is important to note that an employee must provide evidence of the taking of leave as soon as practicable under section 107 of the Fair Work Act 2009 (Cth).
Unpaid personal/carer’s leave
In addition to the above, the Fair Work Act 2009 (Cth) provides for unpaid personal/carer’s leave such as in circumstances where the employee’s paid personal leave accrual has been exhausted or they are a casual employee. Unpaid personal leave may be taken as:
a. a single continuous period of up to 2 days; or
b. any separate periods which the employee and employer agree.
Note that unpaid personal leave cannot be used if the employee could instead take paid personal leave.
If you need assistance or have questions relating to personal leave issues, please get in touch with us on (03) 5722 4681.
MORGAN COUZENS LEGAL
