Questions on personal leave and carer’s leave entitlements have been hot topics in our Employee Relations Advice Centre this month so we thought we’d share some insights into what you need to know on this topic.
Employees, other than casual employees, are entitled to accrue 10 days of leave per year, which accumulates each year and paid at the employee’s base rate of pay.
This includes when:
- the employee is not fit for work because of personal illness or injury; or
- the employee is providing care to a member of their immediate family or household who has an illness, injury or unexpected emergency.
Under the Fair Work Act 2009 (Cth) this accrues during the year and any unused leave rolls over to the next year.
Unpaid carer’s leave
If the accrued paid personal/carer’s leave has been exhausted, all employees, including casuals, can also access two days unpaid carer’s leave to provide care or support to a family or household member who has an illness, injury or unexpected emergency.
The two days do not need to be taken together.
Compassionate leave
A full-time or part-time employee is entitled to two days of paid compassionate leave if a family or household member contracts a life-threatening illness or injury or dies. Casuals are entitled to two days of unpaid compassionate leave.
In addition, employees are entitled to two days of compassionate leave for a stillborn or miscarriage, whether personally or a member of their family or household.
How is immediate family defined?
Immediate family is:
- A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or
- A child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.
Domestic violence leave
Employees, including casuals, will be able to access 10 days of paid family and domestic violence leave in a 12-month period. This leave does not accumulate from year to year.
Payslips must not mention family and domestic violence leave. This ensures confidentiality and the employee’s safety.
Need more information? Our Employment Lifecycle Kit contains a Personal Leave Policy. It covers the full lifecycle from the recruitment process to management of employees and termination.
Contact us on (08) 9365 7660 or [email protected] for more information.
