Sick leave is paid time off from work that allows employees to recover from illness or injury. In Australia, full-time employees are entitled to 10 days of paid sick leave per year under the National Employment Standards, while part-time workers receive a pro rata amount. Employers can ask for evidence, such as a sick certificate.
Feeling under the weather but unsure about your rights? You’re not alone. Many Australian workers don’t fully understand how sick leave works, how much they’re entitled to, when they need proof, or what happens to leave they don’t use.
This guide covers your legal entitlements, how to apply for a sick certificate, how leave accumulates, how it’s paid, and why taking your sick days matters. By the end, you’ll know where you stand the next time illness keeps you home.
What is sick leave?
Sick leave allows employees to take time off work when they are feeling unwell or are injured. A Sick Certificate serves as legal evidence for such leave. These certificates can be issued by healthcare professionals, such as doctors, pharmacists, and nurse practitioners.
A sick certificate typically includes three key details: the healthcare provider’s information, the recommended duration of the employee’s absence, and the examination date.
Sick leave is part of the National Employment Standards (NES), which set the minimum employment conditions for all Australian workers under the Fair Work system. Governed by the Fair Work Act 2009, this framework outlines rules for several types of leave, including annual, personal/carer’s, and parental leave.
How do I apply for a sick leave certificate?
If you plan to take sick leave, it helps to understand how to obtain a sick certificate and give it to your employer.
According to the Fair Work Ombudsman, an employer can request evidence showing that the leave was taken due to an illness or injury that prevented the employee from working. An online sick leave certificate from a healthcare provider is commonly accepted in many workplaces.
HR rules around sick leave can vary significantly between industries and employers. Each organisation may set its own guidelines for requesting and approving sick leave certificates.
Despite these differences, there’s a standard framework employees can rely on. The Fair Work Ombudsman confirms that employers have the right to request evidence, such as a medical certificate, when an employee takes leave due to illness or injury. This can apply even for short absences of one day or less.
Getting a sick leave certificate online helps you meet these requirements and reduces the risk of your leave being rejected. It’s a convenient, reliable way to secure the documentation you need to stay compliant with your employer’s policies and protect your entitlement to paid sick leave.
How does sick leave accumulate?
Employees with unused sick leave can carry it over to the following year. Under the NES, full-time employees receive 10 days of paid sick leave annually, while part-time employees receive a pro-rata amount based on their hours.
Does unused sick leave expire after one year?
No. If you don’t use your sick leave, it accrues over time. This starts on your first day of work and is based on your regular working hours. Any remaining sick leave at the end of the year rolls over to the next.
Sick leave continues to accrue during:
- Paid leave (such as annual leave, sick leave, and carer’s leave)
- Community service leave (including jury duty)
- Long service leave
Sick leave does not accrue during:
- Unpaid annual leave
- Unpaid sick leave
- Unpaid parental leave
How is sick leave paid?
Sick leave is paid at an employee’s base pay rate for each hour taken. You’re compensated for your regular working hours during the leave period, excluding overtime. The base pay rate does not include:
- Incentive-based payments
- Bonuses
- Loadings
- Allowances
- Overtime
- Penalty rates
What happens during long periods of sick leave?
Sometimes employees can’t work for extended periods due to serious illness or injury. Those who can provide evidence of their condition are protected from dismissal due to their absence if they meet both of these criteria:
- They’ve been away for less than 3 consecutive months, or less than 3 months in total over the past 12 months.
- They are still using their paid sick leave.
An employee loses protection against dismissal due to their absence when both of the following apply:
- Their absence exceeds 3 consecutive months, or totals more than 3 months over the past 12 months, and
- They have used up all their paid sick leave.
Why you should use your paid sick leave
If you’re the type to push through work even when you feel terrible, it’s worth understanding the value of taking your paid sick leave. Awards don’t permit cashing out sick leave or carer’s leave, and for good reason. The whole point is to help you recover and look after your health.
Taking your sick leave brings several real benefits:
- Better recovery: Resting at home when you’re ill helps you bounce back faster and reduces the risk of a longer illness.
- Increased productivity: Giving yourself time to fully recover means you return to work more energised and focused.
- Healthier workplace: Staying home stops the spread of illness to colleagues, creating a healthier environment for everyone.
- Work-life balance: Using your sick leave helps you maintain a healthier balance between your well-being and your job.
Your paid sick leave exists for a reason. Using it benefits both your health and the wider workplace. So next time you’re feeling crook, take the time you need to rest and get better.
The bottom line on sick leave
Sick leave is one of the most valuable protections available to Australian workers. You’re entitled to 10 paid days a year as a full-time employee, which rolls over if you don’t use it, and your job is protected within certain limits while you recover. The key is knowing your rights and not feeling guilty about exercising them.
When you do need to take time off, having the right documentation makes everything smoother. OnCare Health offers fast, affordable sick certificates online, issued by AHPRA-registered health practitioners from just $12.99, so you can skip the waiting room and focus on getting better.
Sick Leave FAQs
What type of evidence is required for sick leave?
A medical certificate or sick leave certificate is an acceptable form of evidence. Under the Fair Work Act 2009, there are no strict rules on the exact type of evidence required. However, it must be reasonable for a person to believe that the employee was genuinely ill or injured and unable to work.
Can sick leave be used for medical appointments or elective surgeries?
Yes, sick leave can cover medical appointments or elective surgeries if a personal illness or injury prevents the employee from working. An employer can always request evidence to confirm the employee was unfit for work.
When should employees notify their employer about taking sick leave?
Employees should inform their employer as soon as possible, even if the notification comes after the leave has started. It’s also best to specify how long you expect to be off work.
How many days of sick leave are employees entitled to?
Full-time employees are entitled to 10 paid sick days per year, which accumulate over time if unused. Part-time employees receive leave on a pro-rata basis.
Can an employer refuse a sick certificate as evidence for taking sick leave?
A sick certificate that meets the Fair Work Ombudsman’s guidelines and legal requirements is a valid document for taking sick leave. However, some workplace agreements or awards may require certificates from a registered medical practitioner in certain situations, so it’s worth checking your agreement first.
Is it possible to get a backdated sick certificate?
No. Due to legal restrictions, OnCare Health cannot issue backdated sick certificates.
Can you take multiple days of sick leave at once?
Depending on your condition and specific criteria, you may be eligible for multiple days of sick leave. This is subject to the pharmacist’s discretion and professional standards. OnCare Health provides 1-day certificates at a time to ensure compliance with these standards.
How can I get a sick certificate from OnCare Health?
It’s easy. Select your certificate type, enter your details, complete a short questionnaire, and pay. Once your request is reviewed and approved, your certificate is sent via email.