Personal leave

What Is Personal Leave?

Personal leave, also known as sick leave, is a type of paid leave available to eligible employees in Australia who are unable to work due to personal illness or injury, or to care for an immediate family or household member who is sick or in need of care. This form of leave is an essential workplace entitlement under Australia’s National Employment Standards (NES).

Under the Fair Work Act 2009, personal leave is a critical safeguard that supports both employee wellbeing and employer productivity by ensuring workers have time to recover without risking their employment or income.

Who Is Entitled to Personal Leave?

Personal leave is available to:

• Full-time employees – entitled to 10 days of paid personal/carer’s leave per year.
• Part-time employees – entitled to a pro-rata amount based on their ordinary hours of work.
• Casual employees – not entitled to paid personal leave but can take unpaid carer’s leave.

What Does Personal Leave Cover?

Personal leave can be used for two main purposes:

1. Sick Leave
   When an employee is unwell or injured and unable to attend work.
2. Carer’s Leave
   When an employee needs to care for an immediate family member or household member due to illness, injury, or an unexpected emergency.

This dual-purpose leave is sometimes referred to as personal/carer’s leave.

Accrual and Carry-Over of Personal Leave

• Accrual Rate: Personal leave accumulates progressively throughout the year based on an employee's ordinary hours.
• Carry Over: Unused personal leave rolls over from year to year and continues to accumulate.
• No Cap: There is no maximum limit on the amount of personal leave an employee can accrue.

Accurate leave tracking is vital for compliance and budgeting. Tools like Microkeeper automate this process, reducing manual errors and payroll stress.

Explore Microkeeper’s Leave Management Tools

Personal Leave vs Other Types of Leave

Proof and Notice Requirements

To take personal leave, employees must:

• Notify their employer as soon as possible (can be after the leave starts).
• Provide reasonable evidence if requested—usually a medical certificate or statutory declaration.

Employers can set out notice requirements in policies or contracts, but they must align with NES minimums.

Payout and Termination Rules

• Unused Personal Leave: Not paid out when employment ends, unlike annual leave.
• Leave During Notice Period: Employees can still take personal leave if genuinely unfit for work during a resignation or termination notice period.

Employer Responsibilities

Employers must:

• Allow eligible staff to take personal leave as required.
• Keep records of leave accruals and usage.
• Avoid penalising employees for taking leave.
• Provide accurate and timely payslips that show leave balances.

Using HR and payroll platforms like Microkeeper simplifies this by automating compliance and centralising records.

Microkeeper and Personal Leave Management

Microkeeper’s platform offers:

• Automatic leave accruals based on ordinary hours worked.
• Integrated timesheets and payroll, ensuring leave usage is reflected in pay calculations.
• Employee self-service tools, allowing staff to submit leave requests and view their balances in real time.
• Award compliance to ensure personal leave is managed per relevant rules and agreements.

Common Questions About Personal Leave

Can personal leave be taken in half days or hours?

‍Yes, employers and employees can agree on how leave is taken, including part-days.

Can an employer reject personal leave?

‍Only if insufficient notice or evidence is provided. Employers cannot unreasonably refuse genuine sick or carer’s leave.

Can personal leave be used for mental health?

‍Absolutely. Mental health conditions are covered, just like physical illness, as long as evidence is provided if required.

Does personal leave affect overtime calculations?

‍No. Time on personal leave doesn’t count as hours worked when calculating overtime.

Final Thoughts

Personal leave is a crucial entitlement that supports health, wellbeing, and work-life balance for Australian workers. For employers, managing it fairly and transparently fosters trust and compliance. By using reliable systems like Microkeeper to track and manage leave, businesses can reduce errors, streamline admin, and ensure they’re supporting their workforce in the moments that matter.

_{Disclaimer: This information is general in nature and does not constitute legal advice. Please consult the Fair Work Ombudsman or a qualified advisor for guidance specific to your situation.}