New Act to Provide for Personal/Carer’s Leave and Compassionate Leave

The National Employment Standards provide minimum entitlements for all Australian employees covered by the Fair Work Act 2009, irrespective of the size of the employer’s business.

The standard pertaining to carer’s leave is found in Part 2.2 Division 7 of the Fair Work Act 2009.

Entitlement to Paid Personal/Carer’s Leave

An employee (other than a casual employee) is entitled to 10 days of paid personal/carer’s leave for each year of service. The leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year. Such leave is to be paid at the employee’s base rate of pay for the employee’s ordinary hours of work.

Personal/carer’s leave may be taken in one of two circumstances;

1. because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or
2. to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household who requires care or support because of illness, injury or an unexpected emergency affecting the member.

Unpaid Carer’s Leave

If an employee exhausts his or her carer’s leave, the employee may take 2 days of unpaid carer’s leave per occasion.

Paid Compassionate Leave

Under the Fair Work Act, an employee is entitled to 2 days of paid compassionate leave per occasion when a member of the employee’s immediate family, or a member of the employee’s household, either dies, or contracts an illness or suffers an injury that poses a serious threat to the person’s life.

Casual Employees

A casual employee is entitled to 2 days of unpaid compassionate leave per occasion, and 2 days of unpaid carer’s leave per occasion.

Notice and Evidentiary Requirements

An employee taking leave under Part 2.2 Division 7 of the Fair Work Act 2009 must provide as much notice as is practicable, and may be required by the employer to provide evidentiary material.

Modern Awards

Employers should bear in mind that the National Employment Standards are minimum standards, and must be read in conjunction Modern Awards. In some instances the applicable Modern Award may provide for greater entitlements with respect to personal, carer’s leave and compassionate leave.

If you have any questions about employment law or workplace issues please contact Richard Thompson or Josh Strong of Wisewould Mahony Lawyers. There is no charge for an initial discission about any employment matter.