On review of the National Employment Standards (NES) with regard to Carer’s Leave it seems there is no limit on the amount of accrued Personal Leave an employee can use as Carer’s Leave. We previously advised the limit was 3 days per year – this is old legislation.
The corrected information to be aware of is:
- An employee accrues 10 days FTE Personal Leave per year of service.
- Any unused leave is carried forward (accumulated).
- Any or all of an employee’s accumulated Personal leave can be taken as Carer’s Leave or Sick leave as required.
- Carer’s leave is taken when the employee is not actually sick themselves, but are required to provide care for or support to a member of their immediate family or household who is sick, injured or has an unexpected emergency.
- For all periods of personal/carer’s leave, family and domestic violence leave, or compassionate leave, an employee must give their employer notice of the taking of the leave.
- An employer is entitled to request evidence that would substantiate the reason for leave. A failure to provide notice or, if required, evidence that would satisfy a reasonable person to substantiate the reasons for the leave, means the employee is not entitled to the leave.
We do remind you that you should always refer to your relevant Award where applicable, and be aware of the minimum standards as provided for in the National Employment Standards.
If seeking advice or clarification – the Fair Work Ombudsman is a free service and can be contacted on 13 13 94.
Link to more information: https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/personal-leave-and-compassionate-leave#personal-carers-leave
