Employment Lawyers NSW

Under the National Employment Standards (NES), from 1 January 2010 your full time employees will accrue 10 days of paid personal/carer’s leave (which includes sick leave) per year.

Personal/carer’s leave can be taken when your employee is ill or has suffered an injury, or if your employee needs to provide care and support to a member of their immediate family or household. Immediate family means a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling of your employee.

Personal/carer’s leave accrues progressively according to your employee’s ordinary hours of work, and accumulates from year to year.

Personal/carer’s leave must be paid at your employee’s base rate of pay – the rate of pay for your employee’s ordinary hours of work, not including payments for bonuses, overtime, penalty rates, allowances or other individually identifiable payments.

Unpaid carer’s leave

If one of your employees has used up all of their entitlement to paid personal/carer’s leave, and a member of their immediate family or household is in need of care or support, your employee can still take up to two days of unpaid carer’s leave per occasion.

Cashing out

Your employees covered by a modern award are likely to be able to cash out a portion of their personal/carer’s leave, so long as they retain a minimum balance of 15 days personal/carer’s leave. The formalities will be set out in the relevant modern award.

Paid personal/carer’s leave accrued before the NES (1 January 2010), will be treated as if it were accrued under the NES.

If you have any questions, please contact our Employment Law Team.

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