What is carer¡¯s leave?
Balancing work and personal life isn¡¯t always easy ¨C especially when a loved one falls ill or needs your support. That¡¯s where carer¡¯s leave comes in. In this article, we¡¯ll break down carer¡¯s leave, what it means in Australia, how it works and how much employees are entitled to.
What is carer¡¯s leave in Australia?
Carer¡¯s leave is a type of leave that lets employees take time off work to care for a family member or someone in their household who is sick, injured, or facing a medical emergency.
It¡¯s part of Australia¡¯s National Employment Standards (NES), which outlines the minimum entitlements for most workers. Carer¡¯s leave plays a role in helping Australians manage their work-life balance, especially during unexpected family health challenges.
When can carer¡¯s leave be taken?
Carer¡¯s leave is there to support employees when someone close to them needs help. It¡¯s meant to be flexible, so they can take time off work when it really matters.
Here are some everyday situations where carer¡¯s leave might apply:
- The employee¡¯s child comes down with the flu and needs to be cared for from home
- The employee¡¯s partner is having surgery and needs help while they recover
- The employee¡¯s parent has a fall and needs support around the house
- Someone the employee lives with becomes suddenly unwell and can¡¯t manage alone
In general, employees can take carer¡¯s leave when someone in their immediate family or household is sick, injured or affected by an emergency and needs their care or support.
Do you get paid for carer¡¯s leave?
Whether an employee gets paid for carer¡¯s leave depends on their job type and how much personal leave they¡¯ve built up.
- Paid carer¡¯s leave: For employees working full-time or part-time, carer¡¯s leave usually comes from their personal leave balance (the same one used for sick days). Employees are paid their normal wages during this time.
- Unpaid carer¡¯s leave: Casual workers and those who have already used their personal leave balance may still be entitled to unpaid carer¡¯s leave. They won¡¯t get paid, but it will still give them job protection.
How much carer¡¯s leave are you entitled to?
Under the National Employment Standards, the amount of carer¡¯s leave an employee is entitled to depends on their employment type and personal leave balance. An employee can find out how much carer¡¯s leave they are entitled to by reading their contract or speaking with their manager.
What are the minimum paid carer¡¯s leave entitlements?
Full-time employees get 10 days of paid personal leave each year. This leave can be used for their own sick days and any carer's leave required.
Part-time employees receive a pro-rata amount based on their ordinary hours of work. For example, if they work half the hours of a full-time role, they¡¯ll receive five days instead of ten.
What are the minimum entitlements to unpaid carer¡¯s leave?
Casual employees and those who have run out of paid leave are entitled to two days of unpaid carer¡¯s leave each time someone they care for needs support. This applies to every new situation. For example, if their child gets sick this month and their partner has surgery and needs help during recovery the following month, they can take two days of unpaid leave for each event.
How often can you take carer¡¯s leave?
There¡¯s no limit on how many times an employee can take carer¡¯s leave if they have available entitlements and valid reasons for using it. Leave can be taken whenever someone in the employee¡¯s family or household needs care due to illness, injury or emergency.
However, frequent use of carer¡¯s leave may require more documentation, especially if it impacts the team¡¯s operations.
How long can you take carer¡¯s leave?
There¡¯s no set limit on how long an employee can take carer¡¯s leave, but there are some general rules.
Employees can use as much paid leave as they have built up, even just a day at a time. If they¡¯ve used it all, they can ask for up to two days of unpaid leave per situation. Longer unpaid leave may be possible with the employer¡¯s approval, depending on their policies and operational needs.
Frequently asked questions
What proof do you need for carer's leave?
Employers may ask for reasonable evidence that leave is necessary. This could include:
- A doctor¡¯s certificate
- A hospital admission/discharge documentation
- A written statement explaining the situation (if a medical certificate isn¡¯t available)
- Childcare or school documentation
Is carer¡¯s leave the same as sick leave?
Not exactly. Sick leave is used when an employee is unwell and can¡¯t work, while carer¡¯s leave is for when someone in the employee¡¯s family or household is unwell and needs care.
For full-time and part-time employees, both types of leave are covered by their personal leave balance, but they¡¯re used in different situations.
Is carer¡¯s leave the same as compassionate leave?
No, they¡¯re not the same. Carer¡¯s leave is used to provide temporary care for someone who is injured or sick. Compassionate leave (also known as bereavement leave) is for when someone close to an employee has a life-threatening illness or injury or passes away.
Can an employer refuse carer¡¯s leave?
In most cases, employers can¡¯t refuse carer¡¯s leave as long as certain conditions are met:
- The reason for taking leave is genuine (for example, caring for a sick child)
- Appropriate evidence is provided when requested
- The employee has enough paid leave available or is entitled to unpaid carer¡¯s leave
However, an employer may ask to delay or negotiate leave dates in certain situations, particularly if the employee¡¯s absence would significantly affect business operations. Even then, they must act fairly and follow legal requirements.
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