Taking time off when you’re unwell shouldn’t be a luxury—it’s your legal right. Yet many Australian workers still feel pressure to show up sick, risking their health and that of others. Whether you’re full-time, part-time or casual, understanding your sick leave rights is essential.
In this guide, we explore your sick leave entitlements under Australian law, how to take leave correctly, and what to do if your employer challenges your right to rest and recover.
What Is Sick Leave?
Sick leave (also known as personal leave) allows you to take time off work when you’re ill or injured. It’s part of the National Employment Standards (NES) and applies to all workers covered by the Fair Work system.
How Much Sick Leave Are You Entitled To?
If you’re a permanent employee, you are entitled to:
- 10 days of paid sick leave per year (full-time)
- Pro-rata leave for part-time employees
Leave accumulates gradually and carries over from year to year if unused.
What About Casual Workers?
Casual employees are not entitled to paid sick leave, but they do receive a casual loading in their hourly pay. In certain circumstances, casuals may be eligible for unpaid carer’s leave.
When Can You Use Sick Leave?
You can take sick leave:
- When you’re unwell or injured and unable to work
- When you need to care for an immediate family or household member who is sick or injured
This also includes mental health issues and conditions such as burnout or anxiety.
Do You Need a Medical Certificate?
Employers can request evidence (such as a doctor’s certificate or statutory declaration) for:
- Leave longer than one day, or
- Any time the employer has reason to doubt the claim
It’s best to notify your employer as soon as possible, ideally before your shift starts.
Can Your Employer Refuse Sick Leave?
No. If you have accrued sick leave and provide the required notice and evidence, your employer cannot deny your request.
Employers also cannot penalise you for taking leave, including:
- Cutting shifts
- Withholding promotions
- Disciplinary action
If they do, it may amount to adverse action under the Fair Work Act.
Know Your Rights at the End of Employment
Unused sick leave is not paid out when you leave your job. However, if you’re terminated while on legitimate sick leave, you may have grounds for an unfair dismissal claim.
How Unions Can Help
If you’re having trouble accessing your sick leave or facing pushback from your employer, your union can:
- Advocate on your behalf
- Ensure your leave entitlements are respected
- Support you through disputes or legal claims
- Campaign for better workplace health policies
Rest Is a Right, Not a Risk
You shouldn’t have to choose between your job and your health. If you’re sick, take the time you need. And if you’re being pressured to work when you shouldn’t, seek advice from your union or the Fair Work Ombudsman.
Protect your health, protect your rights—and help build a workplace culture that values wellbeing.
