About Sick Leave in Australia
Understanding Your Sick Leave Entitlements
In Australia, sick leave (officially known as personal/carer's leave) is a fundamental workplace right protected under the National Employment Standards (NES). Full-time employees are entitled to 10 days of paid sick leave per year, while part-time employees receive a pro-rata amount based on their ordinary hours of work.
This entitlement begins accumulating from your first day of employment and carries over year to year with no maximum cap. Whether you're dealing with a physical illness, mental health condition, or need to care for an immediate family member, understanding how to calculate and use your sick leave is essential for every Australian worker.
How to Calculate Your Sick Leave
The calculation of sick leave in Australia follows a simple formula based on the landmark Mondelez v AMWU High Court decision, which confirmed that sick leave should be calculated based on ordinary hours rather than fixed days.
The 1/26 Formula
Your annual sick leave entitlement = (Ordinary weekly hours × 52.18) ÷ 26
Full-time Example (38 hours/week):
- Annual hours: 38 × 52.18 = 1,982.84 hours
- Sick leave entitlement: 1,982.84 ÷ 26 = 76.26 hours
- Equivalent to: 10 "notional" days
Part-time Example (19 hours/week):
- Annual hours: 19 × 52.18 = 991.42 hours
- Sick leave entitlement: 991.42 ÷ 26 = 38.13 hours
- Equivalent to: 5 "notional" days
This method ensures fairness across all work patterns, whether you work standard Monday-Friday hours or have a more complex roster. The key is that your entitlement is based on your ordinary hours of work, not a fixed number of days.
How Sick Leave Accrues
Sick leave doesn't appear in your account all at once. Instead, it accrues progressively throughout the year from your first day of employment. For a full-time employee, this means you earn approximately:
- 1.46 hours per week - Your continuous weekly accrual
- 6.35 hours per month - Roughly equivalent to one day per month
- 76 hours per year - Your total annual entitlement
This progressive accrual means that in your first few months of employment, you'll have limited sick leave available. However, any unused leave carries over indefinitely, allowing long-term employees to build substantial sick leave balances for when they really need them.
Payment During Sick Leave
When you take sick leave, you're paid at your base rate of pay for your ordinary hours of work. This means:
- You receive your normal hourly rate (excluding overtime rates)
- Penalties, allowances, and bonuses are not included
- You're paid for the hours you would have normally worked
- Shift workers are paid their roster as if they were at work
For example, if you normally work 7.6 hours on a Tuesday and take that day as sick leave, you'll be paid 7.6 hours at your base rate, provided you have sufficient leave accrued.
Key Points About Sick Leave
Accumulation & Rollover
Unused sick leave rolls over year to year with no maximum cap. Some employees accumulate hundreds of days over long careers, though this balance is not paid out when employment ends.
Evidence Requirements
Employers can request reasonable evidence (usually a medical certificate) for any absence. This is especially common for absences over 2 days or frequent single-day absences.
Carer's Leave
Your sick leave entitlement also covers caring for immediate family or household members who are ill, injured, or facing an unexpected emergency.
Public Holidays
If a public holiday falls during your sick leave period, it's paid as a public holiday, not as sick leave, preserving your sick leave balance.
Special Circumstances
Casual Employees
Casual employees don't receive paid sick leave but are entitled to 2 days of unpaid carer's leave per occasion when caring for immediate family. The 25% casual loading compensates for the lack of leave entitlements.
Running Out of Sick Leave
If you exhaust your sick leave balance, options include taking unpaid leave, using annual leave (with employer agreement), or accessing income protection insurance if available.
Mental Health Leave
Mental health conditions, including stress, anxiety, depression, and burnout, are valid reasons for sick leave. These are treated exactly the same as physical illness under Australian law.
Using Our Calculator
Our sick leave calculator above uses the official 1/26 formula endorsed by the Fair Work Ombudsman and confirmed by the High Court. Simply enter your employment details to see your exact entitlement and current balance.
The calculator accounts for the proper 52.18 weeks per year (not 52), ensures accurate pro-rata calculations for part-time workers, and helps you track leave taken to maintain an accurate balance.