Permanent employees – defined as full-time or part-time workers, excluding casual staff – receive an entitlement to 10 days of paid personal or carer’s leave annually, adjusted pro-rata for part-time positions.
When Leave Can Be Used
Employees may access paid personal or carer’s leave in these circumstances:
- When unfit for work due to personal illness or injury, including pregnancy-related conditions
- To provide care or support to immediate family members or household members requiring assistance due to illness, injury, or unexpected emergencies
Definition of Immediate Family
According to the Fair Work Act 2009 (Cth), immediate family encompasses:
- Spouse or former spouse
- De facto partner or former de facto partner
- Child, parent, grandparent, grandchild, or sibling
- Relatives of spouse/de facto partner by the same relationships listed above
Employer Discretion
Employers may permit leave usage beyond statutory requirements through employment contracts or workplace policies. An example would be taking personal leave in circumstances where your pet is unwell. However, the Fair Work Act does not mandate such provisions.
For questions regarding leave entitlements, Morgan Couzens Legal can be reached at (03) 5722 4681.
The information provided in this article is produced for guidance purposes only and is not legal advice. The information contained in this article is based on the current state of the law at the time of writing. The law may have changed since this article was written.
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Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.