Understanding personal leave
Personal leave is a combined entitlement under the National Employment Standards that covers both sick leave and carer's leave. This pooled approach gives employees flexibility in how they use their leave.
Sick leave
- Personal illness or injury
- Unfit for work
- Medical appointments
- Mental health days
Carer's leave
- Care for family member
- Illness or injury of dependent
- Unexpected emergency
- Immediate family/household
When personal leave can be used
Personal leave can be used in the following circumstances:
Valid reasons for personal leave
Evidence requirements
Employers can request evidence that personal leave was taken for a valid reason. Acceptable evidence includes:
- Medical certificate: From a registered health practitioner
- Statutory declaration: If a medical certificate isn't reasonably practicable
- Pharmacy certificate: Some employers accept these for minor illnesses
Requesting evidence
Employers can require evidence for personal leave, but must be reasonable. Requiring a medical certificate for every single day absence may not be reasonable. Check your Modern Award or enterprise agreement for specific requirements.
Personal leave accrual
How it accrues
- 10 days per year (full-time)
- Accrues progressively
- Accumulates year to year
- No cap on accumulation
Key differences from annual leave
- Not paid out on termination
- Cannot be cashed out
- No leave loading applies
- Evidence can be required
Common personal leave mistakes
Requiring certificates for every absence
Blanket policies requiring medical certificates for all absences may be unreasonable and could deter legitimate leave use.
Not allowing carer's leave
Some employers forget that personal leave covers caring responsibilities, not just personal illness.
Taking adverse action
Disciplining or dismissing employees for taking legitimate personal leave may breach general protections under the Fair Work Act.
Key takeaways
Personal leave provides employees with important protection when they're unwell or need to care for family members. Employers must allow legitimate use, keep accurate records, and avoid taking adverse action against employees who use their entitlements.
RosterElf's leave management helps you track personal leave accruals, manage requests, and maintain the records required under Fair Work legislation.
