Private sector employers and employees
Telephone: 1300 655 266
Mailing address
Locked Bag 100
East Perth WA 6892
This information is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. Find out more on the Guide to who is in the WA state system page.
If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.
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Full time and part time employees are entitled to paid sick leave. Casuals are not entitled to paid sick leave. Carer’s leave is available to full time, part time and casual employees. Full time and part time employees may use a portion of their paid sick leave as carer's leave. For casual employees, carer's leave is unpaid. For more information, see 'How much carer's leave do employees get?' below. There is an exclusion from the minimum sick leave entitlement and other provisions of the Minimum Conditions of Employment Act for award free workers in the following categories: Sick leave entitles an employee to paid time off work for either sickness or injury to themselves. Only full time and part time employees are entitled to paid sick leave. Casual employees are not entitled to paid sick leave. Carer’s leave entitles an employee to take time off work to care for a member of their family or household who requires care or support because they are sick, injured or affected by an unexpected emergency. The time off may be paid, depending upon the employee’s actual entitlement - see ‘How much carer’s leave do employees get?’ below. A member of the family or household means any of the following people: Employees can take sick leave in either whole or part days depending upon the particular circumstances. Full time and part time employees are entitled to paid sick leave equivalent to the number of hours they would ordinarily work in a two week period – up to a maximum of 76 hours per year. Sick leave is a cumulative entitlement, which means that any unused sick leave is carried over and added to the next year’s entitlement. A full time or part time employee is entitled to use paid sick leave to care for a member of their family or household who requires care or support because they are sick, injured or affected by an unexpected emergency. In the first year of employment, a full time or part time employee can use any paid sick leave that they have accrued to date for caring purposes. In the second and subsequent years of employment, a full time employee can only use a maximum of 76 hours of their accrued sick leave entitlement for caring purposes, or a part time employee the relevant proportion of 76 hours based on their ordinary hours of work. An employee is entitled to up to two days of unpaid carer’s leave per occasion if an employee does not have sufficient paid leave accrued or has exceeded the maximum amount of carer’s leave that can be taken in any 12 month period. Casual employees can access up to two days unpaid carer's leave per occasion. Sick leave accrues on a weekly basis and can be calculated based on how many weeks an employee has worked - For example: Wageline's Sick leave calculation guide provides an overview of how to work out sick leave entitlements for full time and part time employees. No. Sick leave is a cumulative entitlement which means that if the employee does not use up their full entitlement in any one year, the leftover portion is carried over and added to the next year’s entitlement. An employer can require an employee to provide reasonable evidence before they are paid for any time off work on sick leave or carer’s leave. Reasonable evidence may include a medical certificate, but is not necessarily limited to this – for example if the employee comes to work with a cast on their arm, or the employer actually sent an employee home because they looked ill, or the employer was present when the employee received a phone call to pick up their child up from school due to illness, then any of these examples could count as reasonable evidence. In most circumstances, if an employee has used up all of their sick leave then they are not entitled to be paid for any further time they have off work for illness, injury or carer’s leave. There are a limited number of WA awards that provide for annual leave to be used in situations where sick leave has been exhausted. An employer must keep records of all sick leave and carers leave taken. All state system employers are legally required to keep employment records - Visit the Employment records - Employer obligations page for details. Who is entitled to sick and carer's leave?
What can sick and carer's leave be used for?
How much sick leave do employees get?
How much carer’s leave do employees get?
How is sick leave calculated?
Can an employee’s accrued sick leave be cleared if they don’t use it with a year?
Do employees have to provide a medical certificate when taking sick leave?
What happens if the employee has run out of sick leave - do they still have to be paid if they call in sick?
What records does an employer need to keep?
Please contact Wageline if you have further questions about sick leave obligations.
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