Factsheets / Leave / Carer’s Leave

Carer’s Leave

8 min read

Last updated September 2026
Reviewed by the Australian Unions policy team, September 2026

What is carer’s leave? 

Carer’s leave is part of a combined entitlement with sick leave, known as personal/carer’s leave. Carer’s leave allows you to take paid time off work to care for a sick or injured family or household member, or in case of an unexpected emergency. This combined pool of 10 days per year under the National Employment Standards is a common source of confusion, as it covers both your own illness and caring responsibilities. 

A mother who is on carer's leave is resting her hand on the forehead of a young child. The child appears unwell, with a tired expression, and a teddy bear sits on the pillow nearby looked after her mother who is on carer's leave.

Carer’s leave vs sick leave vs compassionate leave 

Understanding the differences between personal/carer’s leave and compassionate leave is crucial for knowing your entitlements when you need time off work. 

Personal / sick leave 

Personal or sick leave allows you to take time off when you are unwell due to illness, injury, stress, poor mental health, or other health reasons. This entitlement comes from the same 10-day annual paid leave pool as carer’s leave. 

Carer’s leave 

Carer’s leave, drawn from the same personal/carer’s leave pool, is for when you need to provide care or support to a member of your immediate family or household who is sick, injured, or experiencing an unexpected emergency. Once paid leave is exhausted, you are also entitled to at least two days of unpaid carer’s leave per occasion. 

Compassionate / bereavement leave 

Compassionate leave, also known as bereavement leave, is a separate entitlement of two paid days on each occasion where a member  of your immediate family or household either dies or contracts a life-threatening illness or sustains a life-threatening injury. Using compassionate leave does  not reduce your personal/carer’s leave balance. 

Who counts as immediate family or household 

The Fair Work Act defines who you can take carer’s leave for. This includes both immediate family members and members of your household. 

Immediate family (covered automatically) 

These relationships are automatically considered immediate family, regardless of whether they live with you: 

  • Spouse or former spouse 
  • De facto partner or former de facto partner 
  • Child 
  • Parent 
  • Grandparent 
  • Grandchild 
  • Sibling 
  • Child, parent, grandparent, grandchild or sibling of your spouse or de facto partner (e.g., mother-in-law, step-child) 

Household members (covered if they live with you) 

Carer’s leave can also be taken for anyone who lives with you and is part of your household, even if they are not directly related by blood or marriage, provided they require your care or support. 

NOT covered (unless they live with you) 

Relationships typically not covered unless they are also members of your household include: 

  • Aunts/Uncles 
  • Cousins 
  • Nieces/Nephews 
  • Close friends 

Workplace policies or enterprise agreements may extend this definition to include other relationships. 

How many days of carer’s leave you get 

Your entitlement to carer’s leave depends on your employment type: 

Full-time workers 

Full-time permanent employees receive a minimum of ten days of paid personal/carer’s leave each year. This leave accumulates from your first day of work and rolls over to the next year if unused. 

Part-time workers 

Part-time permanent employees are entitled to the same minimum of ten days of paid personal/carer’s leave, proportionate to the number of hours they work each week. 

Casuals 

Casual employees are not entitled to paid personal/carer’s leave. However, they do have the right to take at least two days of unpaid carer’s leave per occasion when a family or household member needs care. 

Some awards give more 

Always check the modern award or enterprise agreement that covers your workplace, as some may provide for more generous personal/carer’s leave entitlements than the National Employment Standards minimum. 

Unpaid carer’s leave (often missed) 

Even after exhausting your paid personal/carer’s leave, you are entitled to take at least two additional days of unpaid carer’s leave per occasion to care for an immediate family or household member who is sick, injured, or requires emergency care. This important provision ensures that you can still attend to crucial care responsibilities without fear of dismissal. For casual workers, this is their primary entitlement for caring for sick family members. 

When you can use carer’s leave (real scenarios) 

Carer’s leave can be used in a variety of situations where an immediate family or household member requires your care or support. Real-world scenarios include: 

  • Staying home with a sick or injured child to care for them and/or take them to medical appointments.  
  • Caring for an elderly parent after a fall or during a period of illness. 
  • Supporting a partner recovering from surgery or a serious injury. 
  • Attending to an unexpected emergency involving a household member, such as a sudden illness or accident. 
  • Providing comfort and support to a family member experiencing a mental health crisis. 

Carer’s leave generally does not cover situations where a family member simply needs transport, babysitting for non-emergency situations, or routine appointments that could be scheduled outside work hours, unless specifically outlined in your workplace policy or agreement. 

Notice and evidence 

You must give your employer notice as soon as reasonably practicable when taking carer’s leave and advise how long you expect to be away. This can be after the leave has started. Your employer may request evidence of the need to take the leave.  Evidence such as a medical certificate for the person you are caring for, or a statutory declaration is usually acceptable for this purpose. You cannot be dismissed for taking legitimate carer’s leave. 

What to do if your employer refuses carer’s leave 

If your employer unreasonably refuses a legitimate request for carer’s leave, or if you believe they are acting unfairly, you should: 

  • Contact your union immediately for advice and support. Your union can help you understand your rights and represent you in discussions with your employer. 

If the issue cannot be resolved directly, your union can assist you in lodging a dispute with the Fair Work Commission, or exploring other legal avenues.  

Frequently Asked Questions

How many days carer’s leave per year?

Full-time permanent employees get a minimum of 10 paid days of personal/carer’s leave per year. Part-time employees receive a pro-rata amount. In addition, all employees (including casuals) are entitled to 2 unpaid days per occasion they are required to care for an immediate family or household member due to illness, injury or unexpected emergency. 

Do casuals get carer’s leave?

Casual employees do not get paid carer’s leave. However, they are entitled to a minimum of two days of unpaid carer’s leave per occasion to care for an immediate family or household member. 

Does my cousin count as immediate family?

Cousins are not typically included in the definition of immediate family under the Fair Work Act. However, if your cousin is a member of your household, you may be able to take carer’s leave to care for them. 

Do I need a medical certificate?

Your employer can ask for evidence of the need to take the leave. This could be (for example) a medical certificate for the person being cared for, or a statutory declaration.  

Can I use carer’s leave for my child’s school sports day?

No. Carer’s leave is for illness, injury, or unexpected emergencies requiring care or support. A child’s school sports day is typically a planned event and would not qualify for carer’s leave. You might consider using annual leave instead. 

Does carer’s leave roll over?

Yes, any unused paid personal/carer’s leave at the end of the year rolls over and accumulates for use in future years. Unpaid carer’s leave does not accumulate but is available per occasion. 

Can my employer refuse my carer’s leave request?

An employer cannot refuse a legitimate carer’s leave request that follows proper notice and evidence guidelines. If they do, your union can help you dispute the refusal, potentially through the Fair Work Commission.

How much carer’s leave can I take?

Workers are entitled to take as much carer’s leave as they have accumulated. A full-time worker whose ordinary hours of work are 76 hours per fortnight is entitled to 114 hours of paid carer’s leave for every year that they have worked for their current employer.

How much carer’s leave can I take per year?

Most workers will accumulate 10 days of paid carer’s leave for each year that they work with their current employer.

Under the National Employment Standards, all employees (except casual employees) should be entitled to paid carer’s leave and employers are required to approve all legitimate requests.

Care responsibilities? Your union can help negotiate flexible work 

Managing care responsibilities alongside work can be challenging. Your union can support you in negotiating flexible working arrangements, as recognised under the National Employment Standards and strengthened by recent union-won laws. Collective bargaining can secure better conditions that support your family’s needs. Join your union to strengthen your voice and work towards a more family-friendly workplace. 

Go deeper

Are you already a union member?

Reach out to your union for more specific information about how you and your workmates can make the most of your rights at work.

Not yet a member?

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