Does Sick Leave Accrue? What to Know and How It Works

Does sick leave accrue? Yes. In Australia, paid days off when you're unwell come from personal leave under the National Employment Standards (NES), and full-time and part-time employees build it up from their first day, in step with their ordinary hours. So how does sick leave accrue for you? It depends on the hours you work and the type of job you have, and any days you don't use roll over each year.

Key takeaways

• Full-time employees get 10 days of paid personal leave a year, building up gradually from day one.
• Part-time employees get the same leave on a pro rata basis, worked out on their ordinary hours.
• Unused personal leave carries over each year, but it isn't paid out when your job ends.
• Casuals get no paid personal leave; a casual loading is paid instead.
• The same 10 days cover your own illness and caring for a family or household member.

Personal Leave Under the National Employment Standards

Personal leave is the legal name for paid sick and carer's leave under the National Employment Standards, the minimum leave entitlements every employer in the national system must give. It's one balance: you use it when you're too unwell to work, or when a close family member needs your care or support.

So, does sick leave accrue for every employee? Only for full-time and part-time employees. The days are paid at your base rate for your ordinary hours, and the same balance covers your own illness or injury and carer's leave, which is why personal leave and carer's leave are one shared entitlement rather than two.

Your award or enterprise agreement can give you more than the NES minimum, but never less. If you're not sure which applies to you, the Fair Work Ombudsman's pay and conditions tool will tell you, and your payroll team can confirm your balance.

How Personal Leave Builds Up From Your First Day

Personal leave builds up a little with every hour you work, starting on your first day, so there's no waiting period before you have some to use. For a full-time employee on a 38-hour week, 10 days is 76 hours a year, which works out to 1/26 of each ordinary hour worked, or about 2.9 hours a fortnight.

When does sick leave accrue? Each pay period, on your ordinary hours only, so overtime doesn't add to it. People often ask how many days of sick leave per year they'll have in their first year, and for full-time staff it's the same 10 days, earned gradually rather than all at once. Your employer can still ask for evidence, such as a certificate, when you take a sick day in Australia, and if your balance runs low you can ask to use annual leave or take unpaid time off by agreement.

Carrying Over Unused Sick Leave Each Year

Unused personal leave carries over from one year to the next, so your balance keeps growing for as long as you stay in the same job. There's no cap under the NES, and nothing resets on the anniversary of your start date or on 1 July. So how much sick leave per year can build up? Ten days for every full year of full-time work, added to whatever you already have.

That's a key difference from annual leave. Annual leave carries over too, but an award can let your employer direct you to take it if you've built up too much; personal leave can't be forced on you, because it's only for being unwell or injured, or caring for a member of your family or household. An award or agreement may let you cash out some personal leave, but only if at least 15 days remain afterwards and you agree in writing each time.

Leave Accrual During Time Away From Work

Personal leave keeps building up during paid leave, but not during most time off without pay. Does sick leave accrue while you're on annual leave? Yes, and the same goes for paid personal leave and paid compassionate leave, because those days count as service under the NES.

Time off without pay is different: unpaid parental leave and other leave without pay you've agreed with your employer don't count as service, so nothing builds up during them, although community service leave, such as jury duty, still counts. If you're off work on workers compensation, the Fair Work Act stops personal leave building up unless your state's workers compensation law allows it, so check with your insurer or your workplace. As a rule of thumb, a paid sick day or leave on full pay counts as service, and time without pay doesn't.

Pro Rata Sick Leave for Part-Time Employees

Part-time employees build up personal leave pro rata, in proportion to their ordinary hours, at the same rate per hour worked as full-time staff. Someone working 19 hours a week, half a full-time week, builds up 38 hours a year, which covers the same share of their working days as a full-time employee's 10 days. Paid time off when you're sick is simply the part of personal leave you use for your own sickness or injury.

Casual employees aren't paid for sick days at all. Instead, they receive a casual loading, usually 25% on top of the base rate, to make up for the paid leave they don't get. Casuals can still take two days of unpaid carer's leave each time a family member is ill, injured or affected by an emergency, and two days of unpaid compassionate leave, and their employer can ask for evidence.

If you move from casual to part-time or full-time work, personal leave starts building up from the day the change takes effect, not from your original start date. Annual leave is shared out the same way, in proportion to your hours.

What Happens to Your Leave Balance When a Job Ends

Unused personal leave isn't paid out when your job ends, whether you resign, are made redundant or are dismissed. That's the opposite of annual leave: any annual leave you haven't taken must be paid out in your final pay.

No matter how many sick days a year you've saved, the balance stays with that job and doesn't follow you to a new one, where you start again from zero. There are two exceptions worth knowing. If the business is sold or transferred and the new owner keeps you on, your balance usually transfers too, and some awards, agreements or contracts are more generous than the NES. For casuals there's nothing to pay out, because no paid balance builds up.

Checking Your Leave Balance on a Payslip

Your payslip is the quickest place to check your balance, and most payroll systems show personal leave and annual leave there, usually in hours. The law doesn't require a payslip to list leave balances, but your employer must keep a record of the personal leave you take and the balance you have left, and keep it for seven years.

If the figure looks wrong, work it out yourself: multiply the ordinary hours you've worked since you started by 1/26, take away the hours you've used, and compare. Ask your employer or payroll team to show you their record, which they must do when you ask, and if you can't sort it out, the Fair Work Ombudsman can help with your leave entitlements. Before you take a sick day in Australia, it's worth knowing your balance, so you know whether the day will be paid.

Summary

Personal leave builds up for full-time and part-time employees from the first day, in step with ordinary hours, and carries over until the job ends. So, does sick leave accrue during time off? Only during paid leave. When does sick leave accrue? Every pay period. If you're unwell, a Medio GP can assess you by phone, give advice and write a certificate where the doctor thinks it right.

Frequently asked questions

Can I take a sick day if I'm not sick?

No. Paid personal leave is only for your own illness or injury, or for carer's leave when someone close needs you. For a planned absence, ask for annual leave instead, which is accrued in the same way as personal leave. Compassionate leave is separate again: two days each time a close family member dies or has a life-threatening illness.

What happens if I have no sick leave left?

You can ask to use annual leave, or take time off without pay if your employer agrees. The balance is shared, so you don't get 10 sick days plus 10 carer's days, and how many days of carer's leave you get depends on what's left. You can still take two days of unpaid carer's leave each time, and if an employer refuses carer's leave you're entitled to, the Fair Work Ombudsman can help. Does sick leave accrue again after it runs out? Yes, with every hour you work.

How to take a sicky?

A sickie is meant for a day you're genuinely too unwell to work. Tell your manager as early as you can, before your shift if possible, say how long you expect to be away, and be ready to give evidence if you're asked. Taking one when you're well can be treated as misconduct, so use annual leave for a day off instead.

Should I take a sick day for mental health?

Yes, if your mental health stops you working safely or well. Personal leave covers a mental health condition just as it covers a physical one, and your employer doesn't need to know the diagnosis. If low mood or anxiety lasts more than a couple of weeks, talk to a GP, and if you're thinking of harming yourself, call 000 or Lifeline on 13 11 14.

Can I take sick leave for stress and anxiety?

Yes. Stress or anxiety that leaves you unfit for work is a valid reason to use paid personal leave, and evidence such as a certificate or statutory declaration only needs to show you were unfit, not why. If work itself is causing the stress, your employer has a duty to manage that risk, and a GP can help you plan your recovery.

Do you ever feel bad for calling in sick?

Many people do, but resting when you're unwell helps you recover sooner and keeps infections away from your colleagues. Personal leave exists for exactly this, and you've earned it with every hour you've worked. If guilt or pressure from work makes you dread calling in, that's worth raising with your manager or a GP.