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When can I use my personal or carer’s leave?

July 2, 2024 By Morgan Couzens Legal

Permanent employees (this means full time or part time but not casual employees) have an entitlement to 10 days (pro-rata for part time employees) of paid personal or carer’s leave in each year.

Employees have a right to take paid personal or carer’s leave when:

  1. the employee is not fit for work because of a personal illness or injury (including pregnancy related illness); or
  2. to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of a personal illness or injury, or any unexpected emergency.

A member of the employee’s immediate family is defined in the Fair Work Act 2009 (Cth) and means their:

  • spouse;
  • former spouse;
  • de facto partner;
  • former de facto partner;
  • child;
  • parent;
  • grandparent;
  • grandchild;
  • sibling; or
  • child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner (or former spouse or former de facto partner)

Your employer may permit you to access your personal leave in other circumstances in accordance with your employment contract or your workplace’s policies and procedures. For example, this might include being able to take personal leave in circumstances where your pet is unwell. However, this is not required by the Fair Work Act 2009 (Cth) and is at your employer’s discretion.

If you have any questions in relation to leave entitlements, please contact Morgan Couzens Legal on (03)57224681.

MORGAN COUZENS LEGAL


For more information on personal or carer’s leave, please read the below blogs:

Pregnancy, parental leave and returning to work

Does my personal leave expire each year?

Or read the following from the Fair Work Ombudsman:

https://www.fairwork.gov.au/leave/sick-and-carers-leave 


The information provided in this blog is produced for guidance purposes only and is not legal advice. The information contained in this blog is based on the current state of the law at the time of writing. The law may have changed since this blog was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any blog produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.

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