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Taking Leave To Look After Ageing Parents

Carers Leave

8 May 2015 (Last updated 3 Sept 2025)

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Australians are growing older and this will affect small business employers and employees. Baby boomers are starting to leave the workforce and not enough children are being born to replace them. Meanwhile, business owners may need to plan for an increase in caring responsibilities as the parents of their employees become older and frailer.

From 1994-2014, the proportion of people 65+ rose from 11.8% to 14.7% while the 85+ segment almost doubled from 1% to 1.9%. Older women continue to outnumber older men: 55% of people 65+ and 67% of people 85+ are female.

Employees who need to combine caring responsibilities with their work may become the norm rather than the exception.

Caring responsibilities

Today 4.1 million employees (38.2% of workers) in Australia already have unpaid caring responsibilities. The value of this care, according to one 2010 study, is worth $40 billion a year. Because of this unpaid work, carers often give up permanent, well-paid roles for work below their skills or in low-wage industries. In 2014, 70% of primary carers for their parents were women.

Under the National Employment Standards, there are various supports for carers in the workplace, including flexible working arrangements, parental, and personal/carer’s leave. Unfortunately, unpaid carers are often in part-time and casual jobs – less than 23% of female primary carers work full time – and currently have lower entitlements to personal/carer’s leave and compassionate leave.

Personal/carer’s leave

This leave is available to provide care for someone in the immediate family or household who is ill, injured or affected by emergency. All full-time employees accrue 10 days of paid personal/carer’s leave for each year of continuous work. If an employee runs out of paid personal/carer’s leave, they can take 2 days per occasion of unpaid carer’s leave.

Part-time employees accrue a pro-rated amount, based on the hours they have worked.

Compassionate leave

Employees may take 2 days per occasion of paid compassionate leave (unpaid for casuals) if a member of their immediate family or household has a personal illness or life-threatening injury, or dies.

Flexible working

Employees who have worked for 12 months (and casuals who have worked for 12 months and expect to stay longer with an employer) can ask for flecible working arrangements. These arrangements might include part-time work, flexi-time, job sharing, working from home or staggered hours. Carers, among other groups, have a statutory right to ask for flexible working.

What employers can do

Employees with caring responsibility for their aging parents are likely to need more flexible working arrangements, access to formal support services and the ability to take time off to share the load with others in their family.

Good employers can recognise this shift by creating a new carer strategy or making sure their anti-discrimination policies recognise the rights of carers. They might offer, for example, more flexible working and leave arrangements, return to work programs, or employee assistance plans to help employees combine their work and care responsibilities.

Peninsula foresees the aging population will increase a need for Australians to take time from work to care for parents and other immediate family members.

Many Australian businesses will experience this increase. Peninsula can give you guidance on creating a new carer’s policy, updating your employee handbook to include the rights of carers, or other initiatives for creating a more inclusive workplace. Please call Peninsula today.

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Carers Leave

Understanding Personal and Carer’s Leave

When an employee falls ill, they may have access to personal leave. If a family member falls ill and the employee takes time off to care for them, an employee may be able to access carer’s leave. Under the National Employment Standards (NES), permanent workers, such as full-time and part-time employees in the federal system are entitled to this leave. Personal and carer’s leave is combined into a single entitlement. The minimum entitlement for permanent full-time employees is 10 days for each year of service, equivalent to 76 hours of leave based on the employee working 38 ordinary hours a week. It should be noted that casual workers are not entitled to paid personal/carer’s leave. Permanent part-time employees or permanent employees working variable hours are entitled to a pro rata amount 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. It is vital for employers to understand these two types of leave, and their obligations. This page will cover this, how much leave an employee can take, and if an employer can reasonably refuse personal/ carer’s leave. What is personal leave? Personal leave can be used by permanent employee who are unable to work due to a temporary illness or injury. It can often be referred to as sick leave. To be eligible for personal leave, an employee must provide notice as soon as reasonably practicable. They must also provide evidence if requested. What is carer’s leave? If an employee wishes to take time off to care for a member of their immediate family or household, then they may be able to take carer’s leave. The NES sets out who is considered “immediate family or household”. Before you approve a request for carer’s leave you should clarify the relationship between the employee and the affected family member. An employee can take carer’s leave if a family member is ill, injured or finds themselves in an unexpected emergency. Like personal leave, employers can request evidence of the need for support. This can be in the form of a medical certificate, doctor’s letter or statutory declaration. What is a compassionate leave of absence? Compassionate leave is a different type of entitlement to personal /carer’s leave. If a member of an employee’s immediate family or household dies, or contracts a life-threatening illness or injury, an employee may be able to take compassionate leave. All employees under the Fair Work System are entitled to compassionate leave, under the NES. Full-time and part-time employees receive paid compassionate leave whereas casual employees have access to unpaid compassionate leave.  The entitlement to compassionate leave is 2 days per occasion that an employee’s immediately family or household member dies or suffers a life-threatening illness or injury. This indicates that the entitlement may not be used in a year or could be utilised multiple times depending on the situation. When can employees apply for carer’s leave? An employee, in the federal system, will have access to carer’s leave if their family member meets the definition for “immediate family” under the Fair Work Act 2009. The Fair Work Act 2009 defines immediate family as the employee’s: spouse or former spouse de facto partner or former de facto partner child parent grandparent grandchild sibling or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de factor partner (or former spouse/de facto partner) Also included in the definition of immediate family are the employee’s: Adoptive relations Step relations The definition of “spouse” includes husband or wife (opposite or same sex), ex-spouse or de facto partner. If the member of the family does not meet the definition of immediate family, then there is no entitlement to compassionate leave. In other words, an employee’s ex-wife’s grandmother is considered immediate family, but their uncle or aunt is not. How many days of personal/carer’s leave is an employee entitled to? The days of personal/carer’s leave that an employee is entitled depends on two things – if they are permanent or casual, and if they’re covered by a Modern Award or agreement. The NES indicates that permanent full-time employees are entitled to 10 days of paid personal leave per year of service. This equates to 76 hours of leave for an employee working 38 ordinary hours a week. Permanent part-time employees and/or permanent employees working variable hours are entitled to a pro rata amount 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.      Casual employees are not entitled to any amount of paid personal leave per year. If an employee falls under a Modern Award or enterprise agreement, their personal leave entitlements may be different. Consult the Award or agreement’s stipulations for further information.

Do you have any questions regarding Carers Leave?