When employees need time off to care for others

Understanding the basics

Employees may be entitled to different types of leave under the National Employment Standards (NES) depending on the situation.

• Paid personal/carer’s leave:
  • available to full-time and part-time employees,
  • ten days for full-time employees and the pro rata equivalent for part-time employees based on their ordinary hours of work,
  • not available to casual employees.
• Unpaid carer’s leave:
  • two days per permissible occasion (see below for when this type of leave can be taken),
  • available to casual employees and to full-time and part-time employees who do not have paid personal/carer’s leave available.
• Compassionate leave:
  • two days per permissible occasion (see below for when this type of leave can be taken),
  • compassionate leave is paid for full-time and part-time employees and unpaid for casual employees.

Some workplaces may offer more generous leave entitlements under an award, enterprise agreement, contract or policy.

When can leave be used?

Personal/carer’s leave is not just for when an employee is sick themselves.

Carer’s leave, which is drawn from an employee’s personal/carer’s leave balance, may be used when they need to care for someone else or respond to an unexpected emergency. This might include:

• A member of the employee’s immediate family or household who is sick or injured.
• A sudden issue that requires immediate attention, like a breakdown in care arrangements

For example, an employee may need to leave work to pick up a sick child or take time off to care for a partner recovering from surgery.

Compassionate leave is available if a member of the employee’s immediate family or household suffers a life-threatening illness or injury, or dies.

Who can an employee care for?

A common question is who counts as a member of the employee’s immediate family or household?

This can include:

• A spouse, child, parent, grandparent or sibling of the employee.
• Members of the employee’s spouse’s immediate family.
• Someone who lives with the employee, even if they are not related

What is an unexpected emergency?

An unexpected emergency is usually something sudden and unplanned that results in an employee needing to provide care or support to someone.

For example:

• A child becoming unwell at school.
• A regular carer cancelling at short notice.
• A household member needing urgent support.

It does not need to be a medical emergency, but it does need to be something the employee could not reasonably plan for.

Routine or planned care, such as school holidays or regular childcare arrangements, will not usually meet this test.

A shared responsibility

Handling leave requests well is a shared responsibility.

For employees:

• Let your employer know as soon as possible if you need time off.
• Be clear about why the leave is needed and how long you may be away.
• Provide evidence if it is requested.

For employers:

• Respond consistently and fairly.
• Take the time to understand the situation.
• Remember that the employer’s agreement is not required for an employee to be entitled to personal/carer’s or compassionate leave. As long as the employee provides the correct notice and evidence (if required) in accordance with the NES and any applicable contract, industrial instrument or workplace policy, the employee is entitled to take the leave.
• Apply workplace policies in a clear and reasonable way.

Good communication on both sides can prevent misunderstandings and make decisions easier.

Can employers ask for evidence?

Yes. Employers can ask for evidence that would satisfy a reasonable person that the leave is being taken for the relevant reason.

This could include:

• A medical certificate
• A statutory declaration
• Other reasonable confirmation depending on the situation

Even for short absences, a request for evidence may be appropriate if this is part of the usual workplace process. The key is consistency.

When things are not clear

Sometimes situations are not straightforward. For example:

• The need for care becomes ongoing.
• The situation does not clearly meet the criteria for the kind of leave the employee is seeking to take.
• There are questions about notice or evidence.

In these cases, it is important for employers to look at the full context when considering whether the employee is entitled to take the leave. Employees have legal protections when it comes to their workplace rights, including leave entitlements.

Key takeaways

• Leave for caring responsibilities and unexpected situations is part of modern working life.
• For employers, the focus should be on understanding the rules, applying them consistently and treating employees fairly. For employees, it is about being open, providing information and using leave for its intended purpose.
• When everyone approaches these situations with clarity and respect, it leads to better outcomes and fewer disputes.
• The Fair Work Ombudsman has a range of free information about entitlements to personal/carer’s leave and compassionate leave under the NES.