Pick an employment type and number of days to see what evidence applies
General-information tool, not legal or industrial-relations advice. Your award, enterprise agreement, or employment contract may set rules above the National Employment Standards floor — check those for the specific rules that apply to you. Fair Work Australia (fairwork.gov.au) publishes free guidance and an advice line.
How the calculation works
The Fair Work Act's National Employment Standards (NES) set the floor for paid personal/carer's leave at 2 weeks per year of service, measured in ordinary working hours. That works out to:
- Full-time (38 hrs/week): 76 hours per year, ≈ 10 standard 7.6-hour days.
- Part-time: Pro-rated based on your contracted ordinary hours. A 19-hour-a-week part-timer accrues 38 hours per year, ≈ 5 days.
- Casual: No paid personal leave entitlement; 2 days unpaid carer's leave per occasion.
Leave accrues progressively as you work, carries over from year to year, and (for annual leave, separately) is paid out when employment ends. Personal/carer's leave is not paid out on termination — it's a use-it-or-lose-it entitlement when you leave the job.
When you need a medical certificate
Under the Fair Work Act (s107), an employer can require "evidence that would satisfy a reasonable person that the leave was taken for a permitted reason." The specific evidence rule (medical certificate, statutory declaration, or other) is set by your award, enterprise agreement, or employment contract — not by the NES floor.
Common patterns:
- Single day: some workplaces require a certificate for any sick day; others don't require evidence for a single day. Most awards leave the rule to the employer.
- 2+ consecutive days: a medical certificate is the most common evidence requirement here.
- Patterns of absence (e.g. before/after public holidays): some awards allow employers to ask for evidence even for single days when there's a pattern.
If your workplace requires a medical certificate, NewDoc telehealth GPs can issue one same-day, bulk billed for eligible Medicare cardholders. Book a medical certificate consultation.
Stress leave and mental health days
There's no separate "stress leave" or "mental health leave" entitlement under the NES — mental health absences are taken from the same personal leave balance, with the same evidence rules. The medical certificate from a telehealth GP confirms you are unfit for work without disclosing the reason.
See dedicated guidance on stress leave certificates and mental health day certificates, both of which include the relationship between certificates and a Mental Health Treatment Plan if symptoms are likely to persist.
Frequently asked questions
How is sick leave calculated in Australia?
Under the National Employment Standards, full-time employees accrue 10 days (or 2 weeks) of paid personal/carer's leave per year of service. The leave is calculated as 2 weeks × your ordinary working hours, so a 38-hour-a-week full-time employee accrues 76 hours per year, while a part-time employee on 19 hours a week accrues 38 hours per year. Leave accrues progressively as you work and rolls over from year to year.
Is sick leave the same as personal leave?
Yes. The Fair Work Act calls it 'personal/carer's leave' but most employers and employees still call it sick leave. The same accrued balance covers your own illness or injury, looking after a sick immediate family or household member, and emergencies affecting an immediate family or household member.
Do casual employees get sick leave?
Casual employees don't accrue paid personal leave. They are entitled to up to 2 days of unpaid carer's leave per occasion when they need to care for an immediate family or household member who is unwell or has had an emergency (Fair Work Act s102). For their own illness, casuals don't have a paid leave entitlement, but employers cannot lawfully take adverse action against a casual for being genuinely sick.
How many sick days can I take in a row before I need a medical certificate?
There is no national rule. The Fair Work Act allows employers to require 'evidence that would satisfy a reasonable person that the leave was for a permitted reason' (s107). The specific rule — for example, 'certificate required for any single day' or 'certificate required after 2 consecutive days' — is set by your award, enterprise agreement, or employment contract. Many employers use 2+ consecutive days as the trigger.
Will my employer accept a telehealth medical certificate?
Yes. The Fair Work Ombudsman has confirmed that medical certificates issued by AHPRA-registered doctors via telehealth are valid evidence of personal leave. Your employer must accept a certificate from any registered medical practitioner regardless of consultation format.
What is a statutory declaration and when can I use one for sick leave?
A statutory declaration ('stat dec') is a written legal statement signed in front of an authorised witness. Some awards and EAs accept a stat dec as alternative evidence to a medical certificate, particularly for short absences. Check your award/EA before relying on a stat dec — and remember a stat dec is a legal document; making a false one is a criminal offence.
Does sick leave roll over each year?
Yes. Unused paid personal/carer's leave carries over from year to year — there's no annual reset. Some employers cap accrued leave; check your contract. Unlike annual leave, there is no entitlement to be paid out for unused personal leave when you leave the job.
Can my employer refuse my sick leave?
An employer cannot refuse a request for personal/carer's leave that is taken for a genuine reason and supported by the required evidence. They can require evidence (per s107). They can also dispute whether the leave was for a permitted reason, but cannot take adverse action against an employee for exercising a workplace right (s340–342). The Fair Work Ombudsman investigates breaches.
Is there a longer sick leave entitlement for stress or mental health?
There is no separate 'stress leave' or 'mental health leave' entitlement under the National Employment Standards — these absences are taken as personal leave from the same accrual. If you've used your annual entitlement, options can include unpaid leave, accrued annual leave, or workers' compensation if the condition is work-related. NewDoc can issue medical certificates for stress-related and mental-health absences from a telehealth GP consultation.
Do public holidays count toward sick leave?
No. If you would otherwise have been paid for a public holiday under the NES, taking sick leave on that day doesn't deduct from your accrued personal leave balance — you receive your public holiday pay instead. The Fair Work Ombudsman publishes specific guidance on this overlap.
References
- Sick and carer's leave — paid personal leave entitlements, Fair Work Ombudsman
- Notice and evidence requirements for personal leave, Fair Work Ombudsman
- Casual employees — entitlements, Fair Work Ombudsman
- Fair Work Act 2009 (Cth) — sections 96, 99, 102, 107, Federal Register of Legislation
This content is informational and does not replace individual medical advice. For personal assessment, book a consultation with your GP. In emergencies, call 000.
Last reviewed 4 May 2026. Editorial policy