The short answer is, yes, yes they do. If you're a business owner with employees, including part-time employees, it's vital you know your obligations relating to paid sick and carer's leave.
Full-time employees who work a 38 hour week are entitled to 10 days (76 hours) of paid sick and carer's leave per year. Part-time employees who work a 19 hour week are entitled to five days (19 hours) paid sick and carer's leave per year.
Who is entitled to paid sick and carer's leave?
All employees, with the exception of casual employees, are entitled to paid sick and carer's leave. This includes employees on a term contract who have the same employment rights and entitlements as any other full-time and part-time employee.
Casual employees receive a higher hourly pay rate to compensate for not being paid personal sick leave, carer's leave, or annual leave. Contractors are not employees. They are often self-employeed and therefore not entitled to paid sick or carer's leave.
When can employees take paid sick leave?
Under the National Employment Standards (NES), part-time employees are entitled to a pro rata amount of sick leave based on the number of ordinary hours worked in a two-week fortnightly period, or 1/26th of the employee’s ordinary hours of work in a year, per year of service.
Paid sick leave can be taken by an employee when they're unable to work because they are unwell or suffered an injury. This can include stress or illness related to pregnancy. Employees are entitled to take leave to care for an immediate family member that is ill, has an injury or needs support due to an unexpected emergency.
Does sick leave accrue for part-time employees?
The same as annual leave, part-time employees start accruing paid sick leave from their first day of employment. Sick leave does not reset. The entitlement accrues progressively throughout the year, so any untaken leave will carry over into the next year. Sick leave must be taken in hours for both full-time and part-time employees.
Part-time employees are also entitled to take personal and carer's leave during their probation period if they're unwell and have leave days available.
How to calculate sick leave for part-time employees
The amount of sick leave will be calculated on the basis of an accrued annual entitlement and part-time employees will receive an amount pro-rata to the entitlement of your full-time employees. Leave for a part-time employee is calculated at 1/26 of an employee’s ordinary hours of work in a year.
The leave year commences from the employee’s first day, with their entitlement accruing from year to year. In other words, the balance at the end of each year carries over to the next year. However, employees are not entitled to have accrued personal leave paid out on termination, unless it is specified in their contract of employment,Award or Enterprise Agreement.
Can you ask for a medical certificate?
As a business owner you have the right to ask your employees for a medical certificate or evidence that sick or carer's leave was taken for a legitimate reason.
In Australia under the Fair Work Act 2009, an 'Absence from Work Certificate' for personal or carer's leave can be issued by a pharmacist for colds, flu, and other minor illnesses. These are usually for shorter periods of 1-2 days.
To ensure all staff members are aware of your requirements, it's important to include expectations regarding taking sick and carer's leave in your workplace policies and employment contract.
If an employee is entitled to sick leave they must at least be paid their base rate of pay for their ordinary hours of work while on personal/career’s leave. That is, unless their Award, Enterprise Agreement or contract provides a greater entitlement. It can never be lower.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.