NSW teachers typically accrue 15 paid sick days per year, which roll over and build up in their balance, with entitlements increasing with long-term service, allowing for extended periods on full pay after 10 years for significant illness. New teachers get an initial credit, and part-time staff receive a pro-rata amount.
The yearly entitlement is based on an employee's ordinary hours of work and is 10 days for full-time employees, and pro-rata for part-time employees. This can be calculated as 1/26 of an employee's ordinary hours of work in a year.
It can be paid for up to 28 weeks. If a worker is eligible, they are entitled to statutory sick pay for the days they would have worked, except for the first 3. The days they would have worked are called 'qualifying days'. The first 3 qualifying days are called 'waiting days'.
How much sick leave do you accrue per 38 hour week? A full-time employee working 38 hours per week accrues 76 hours of paid sick leave per year, which translates to 10 'notional' days. This accrues at approximately 1.46 hours per week or 6.35 hours per month, starting from your first day of employment.
In Australia, while there's no strict legal minimum, many employers allow 1-2 self-certified sick days, often with a common policy of requiring a medical certificate for absences of two or more consecutive days, though your employer can legally request proof for even a single day if it's reasonable. It's best to check your employment contract or workplace policy for specific rules, as some employers ask for evidence more frequently, especially if sick leave is taken near weekends or public holidays.
Protection from dismissal for taking sick leave
Employees who can provide evidence of their illness or injury are protected from being dismissed because of their absence if they're: away for less than 3 consecutive months or less than 3 months in total over the last 12 months, or. still using their paid sick leave.
Full-time and part-time employees can take paid sick leave if they can't work because of a personal illness or injury. Full-time employees are entitled to 10 sick days per year. The leave is pro-rata for part-time employees.
If both sick leave and annual leave have been exhausted, the absence becomes unpaid. There's no strict 'cap”;on how long unpaid sick leave can last, but employers need to be mindful of protections around temporary absence due to illness.
Yes, a mental health day is a type of sick day. While it may not involve a physical illness, taking time off to focus on mental well-being is just as important.
Sick day rules generally provide paid leave for illness or family care, with full-time staff often getting 10 days/year (pro-rata for part-time) that carry over, but casuals usually get unpaid leave; you must notify your employer ASAP and provide evidence like a doctor's note (fit note) for longer absences, with specifics varying by award, agreement, or contract.
One day in average every 6 weeks is not necessarily a lot. Depending on how sick, if you can provide a medical certificate, then you should be good. Otherwise, every now and then because of the flu it's also acceptable. The workplace will let the worker know if a Medical paper is needed.
Taking holiday while off sick
A worker can use their paid holiday (annual leave) while off sick. For example, if they: are not physically able to work, but physically able to take a holiday.
Generally, an employer cannot fire you just for calling in sick. There are legal protections and company policies that usually protect employees from being fired for legitimate illness-related absences.
Yes, generally you get paid your normal base rate for sick leave, but usually not extra like overtime, bonuses, or loadings; it covers the hours you would have worked, not extra shifts you might have picked up, though policies vary by country and employer, so check your local laws and contract. In Australia, it's paid at your base rate for ordinary hours, while in the UK, Statutory Sick Pay (SSP) has its own rules, and some employers offer more generous company sick pay.
Workers are entitled to carry forward unused paid sick time, but employers aren't required to allow use of more than 40 hours (or five days) of paid sick time per year. Carry forward is not required if the full amount of paid sick time (40 hours, or five days) is provided at the beginning of each year.
Sick leave is one of your 11 basic employee rights included in the National Employment Standards (NES). You can take sick leave if you have an illness, injury or an unexpected emergency. This also includes stress, a mental health condition or illness because of pregnancy.
Are you taking time off because you don't want to go to work? If so, that's not a good enough excuse. However, if you have a legitimate reason—say, you're starting to burn out—that may warrant some time off.
Common signs of burnout
15 Good Excuses to Call Out of Work (And How to Communicate With Your Boss)
Your employer can't refuse genuine sick leave if you follow the rules. They can ask for reasonable proof like medical certificates. Not providing requested evidence might mean unpaid leave or other consequences.
It is illegal to sack an employee because they're injured or sick for up to three months if they have a medical certificate. However, if an employee is away for more than three months in a year and uses a combination of sick and unpaid leave, the employer is entitled to dismiss them.
According to a new study seven in ten Aussies have faked a sick day in the past year. The research by iSelect found the most common reasons were lack of sleep, to relax and recharge, mental health and family or relationship problems. The main culprits were workers aged between 25 and 34.
Annual leave entitlements differ depending on the nature of employment and are outlined in the National Employment Standards. Full-time employees are entitled to four weeks or 20 days of paid annual leave per year, which accrues cumulatively from the first day of employment and doesn't expire.
Attending medical appointments and elective surgery
Medical appointments and elective surgeries that are pre-arranged can only be covered by sick leave if an employee is not able to work because of a personal illness or injury.