Sick pay in Australia (2026)

Last reviewed: 7 November 2026

In short: Employees other than casual employees get 10 days of paid personal/carer’s leave for each year of service, paid by the employer at the base rate of pay. Leave accrues progressively and accumulates. The employer may require evidence that would satisfy a reasonable person.

RuleWhat applies
Who pays sick payBeing ill and unable to workThe employer pays. Employees other than casual employees are entitled to paid personal/carer’s leave under the National Employment Standards. [1]
Sick pay rateBeing ill and unable to workThe employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period of leave. [1]
Maximum durationBeing ill and unable to work10 days of paid personal/carer’s leave for each year of service. It accrues progressively during the year according to ordinary hours of work and accumulates from year to year. [1]
Waiting daysBeing ill and unable to work⚠ Not yet verified
Medical certificateBeing ill and unable to workThe employee must give notice as soon as practicable, which may be after the leave has started. If the employer requires it, the employee must give evidence that would satisfy a reasonable person that the leave was taken for a qualifying reason. The Act sets no number of days. [1]

Notes

  • Leave accrues progressively through the year (s. 96(2)). The sections read do not state whether any waiting days apply.

Sources

  1. Office of Parliamentary Counsel (Federal Register of Legislation): Fair Work Act 2009, compilation 73 (C2026C00355), in force from 7 July 2026 (Epub from the Federal Register of Legislation API) (consulted 7 November 2026) · all sources

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General information, not legal advice. Rules change: check the official source before you fly or ride.