Leslie Massey
Sick leave is a fundamental workplace entitlement in Australia, allowing employees to take time off when unwell or injured. In Western Australia, full-time and part-time employees are entitled to paid sick leave, also known as personal leave. This leave is calculated based on the number of hours worked and accrues continuously, including during annual leave and public holidays. It is important to note that unused sick leave accumulates and rolls over to the next year, providing employees with a sense of security. However, accrued sick leave does not transfer to a new employer if an employee changes jobs. Understanding these regulations helps businesses comply with the law and build a supportive work environment.
| Characteristics | Values |
|---|---|
| Full-time employee accrual rate | 1.461 hours of personal leave for each completed week of work (based on a standard 38-hour workweek) |
| Part-time employee accrual rate | Proportion of 1.461 hours of personal leave for each completed week of work, based on hours worked |
| Casual employee accrual rate | No paid personal leave; eligible for 2 days of unpaid carer's leave per occasion |
| Maximum accrual | No specified maximum; unused leave carries over to the next year |
| Minimum entitlement | Based on the Minimum Conditions of Employment Act 1993; WA awards, industrial agreements, and contracts may provide better entitlements |
| Notice requirements | Written notice typically required for full-time and part-time employees; evidence of illness or injury may be requested |
| Transferability | Accrued leave does not transfer to a new employer unless under a specific arrangement |
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What You'll Learn
Full-time and part-time employees accrue paid sick leave
In Western Australia, full-time and part-time employees accrue paid sick leave. This is a fundamental workplace entitlement in Australia, providing employees with security when they need time off due to illness or injury. The minimum entitlement to sick leave comes from the National Employment Standards (NES) and is also known as personal leave.
Full-time employees accrue 10 days of paid sick leave per year, based on their ordinary hours of work. This works out to 1/26 of their working hours annually or 1.461 hours for each completed week of work (based on a standard 38-hour week). For part-time employees, sick leave accrues on a pro-rata basis, which means it is calculated proportionally to the number of hours they work. For example, if a part-time employee works 19 hours per week, their sick leave accrues at 19/38 x 10 days per year.
Sick leave accrues continuously, even during annual leave or public holidays, as long as the employee is being paid. It does not accrue during unpaid leave. Accumulated sick leave can be carried over to the next year, and there is no limit to how much can be accrued. However, accrued sick leave does not transfer to a new employer when changing jobs.
Employees must provide evidence, such as a medical certificate, to their employer if requested. This can be done without including exact details about the injury or illness. Additionally, employees can take paid carer's leave, which is considered part of the same leave entitlement as sick leave, to care for immediate family or household members.
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Casual employees accrue unpaid carer's leave
In Australia, full-time and part-time employees are entitled to paid sick leave. They can take time off work if they are unable to work due to personal illness or injury, including mental health issues. This is also known as personal leave. Full-time employees are entitled to 10 days of paid sick leave per year, while part-time employees receive a pro-rata amount. Sick leave can be carried over to the next year.
Full-time and part-time employees can also take paid carer's leave to care for or support a member of their immediate family or household who is sick, injured, or has an unexpected emergency. This is considered the same as sick leave.
Casual employees do not get paid sick or carer's leave. However, they can access unpaid carer's leave. They are entitled to two days of unpaid carer's leave per occasion. Casual staff also have a right to convert to permanent employment in some circumstances, which would grant them access to paid carer's leave.
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Unused sick leave rolls over to the next year
In Western Australia, sick leave is cumulative, meaning that any unused leave is carried over and added to the next year's entitlement. This has been the case since 4 July 2006, according to the Minimum Conditions of Employment Act. This act outlines the minimum entitlement to personal leave for sickness and caring purposes for full-time and part-time employees. Casual employees are not entitled to paid personal leave, but they do receive 2 days of unpaid carer's leave per occasion.
Full-time employees are entitled to 10 days of paid sick leave per year, while part-time employees receive a pro-rata amount. This can be calculated as 1/26 of an employee's ordinary hours of work in a year. For example, if a full-time employee works 38 hours per week, they will be entitled to 76 hours of paid sick leave per year. A part-time employee working 19 hours per week would receive 38 hours of paid sick leave annually.
The accumulation of sick leave over time ensures that employees have a buffer of days available if they need to take extended time off due to illness or injury. It provides financial security and peace of mind, knowing that their income will not be affected by unforeseen health issues. Additionally, it encourages employees to take time off when needed, promoting a healthy work-life balance and preventing potential burnout.
The ability to roll over unused sick leave to the next year is a valuable benefit for employees, especially those who rarely take sick days. It allows them to build up a reserve of leave that can be utilised in case of more serious or prolonged illnesses. This system recognises that illnesses can vary in duration and impact, ensuring employees have sufficient time to recover without financial strain.
While the roll-over of unused sick leave is advantageous for employees, it's important to note that organisations must carefully manage this process. Accurate record-keeping is essential to track individual leave balances and ensure compliance with regulations. Organisations should implement robust systems to monitor and manage sick leave accruals and usage, particularly when leave is carried over from one year to the next. This diligent management of leave balances helps maintain fairness and transparency in the workplace.
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Sick leave is not paid out when an employee resigns, is made redundant or dismissed
In Western Australia, full-time and part-time employees in the state industrial relations system are entitled to paid personal leave (sick leave), while all employees are entitled to unpaid personal leave. The minimum entitlement comes from the state Minimum Conditions of Employment Act 1993, which was amended in 2022 to combine the provisions for paid sick leave and carer's leave, creating a single paid personal leave entitlement for full-time and part-time employees.
While employees can accumulate sick leave, there is no minimum entitlement for personal leave to be paid out when an employee resigns, is made redundant, or is dismissed. This means that accrued sick leave is typically not paid out in these scenarios. However, if there is a transfer of business and a new business owner employs the existing employees, a WA award may require personal leave to be transferred to the new employer.
The National Employment Standards (NES) outline that full-time and part-time employees can take paid sick leave when they are unable to work due to personal illness or injury, including stress and pregnancy-related illnesses. Employees must provide evidence, such as a medical certificate, to their employer if requested. There is no specified minimum or maximum amount of paid sick leave that can be taken at once, and employees can take as much paid sick leave as they have accumulated.
It is important to note that redundancy pay is also not required to be paid out in certain situations under the NES. For example, if the employer is a small business or the employee is casual, redundancy pay may not apply. However, there are exceptions, such as when a non-small business employer becomes a small business employer during liquidation or insolvency, they may still need to pay redundancy to eligible employees.
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Sick leave does not transfer to a new employer
In Western Australia, full-time employees are entitled to 10 days of paid sick leave per year. This is pro-rata for part-time employees. For example, if a full-time employee works 38 hours a week, they are entitled to 76 hours of paid sick leave per year. If a part-time employee works 19 hours a week, they will get 38 hours of paid sick leave per year. This entitlement comes from the National Employment Standards.
In the case of Thorne v Jura Australia Espresso Pty Ltd [2012] FWA 4954 (Cargill C, 14 June 2012), an employee was found to be a transferring employee in relation to a transfer of business. The employee worked for the old employer, which provided labour to the new employer. After the new employer ceased outsourcing work to the old employer, the employee was terminated and then employed by the new employer. The employee was not informed in writing that their previous service with the old employer would not count as service with the new employer, so it was considered valid.
It is important to note that employees must provide evidence, such as a medical certificate, to their employer if requested when taking sick leave.
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Frequently asked questions
Yes, full-time employees accrue 10 days of paid sick leave per year of service in Western Australia.
Yes, part-time employees accrue sick leave on a pro-rata basis, depending on their ordinary hours of work.
No, casual employees do not accrue paid sick leave. However, they are entitled to 2 days of unpaid carer's leave per occasion.
No, accrued sick leave does not transfer to a new employer in Western Australia. It is tied to an employee's continuous service with a specific employer.
