Family and Medical Leave Entitlements under the Fair Work Act
On the 1st January, 2010 the National Employment Standards (NES) introduced under the Fair Work Act will commence.
The NES provide a safety net of enforceable minimum employment terms and conditions including minimum leave entitlements. All full-time employees will be entitled to the following leave per year:
- 4 weeks paid annual leave with an extra week for shift workers;
- 10 days paid personal/carer’s leave;
- 2 days unpaid carers leave;
- 2 days paid compassionate leave; and
- 12 months unpaid parental leave.
Personal/carer’s leave
All employees (except casuals) are entitled to 10 days paid personal/carer’s leave when the employee is sick or injured or when they need to care for an immediate family or household member who is sick, injured or has an unexpected emergency.
Immediate family includes:
- spouse;
- de facto partner;
- child;
- grandparent ;
- grandchild;
- sibling; or
- a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.
If an employee has used all their available personal/carer’s leave entitlements they will still have the ability to take an additional 2 days unpaid personal/carer’s leave.
Compassionate Leave
All employees (except casuals) are entitled to 2 days paid compassionate leave. Compassionate leave is available when an immediate family or household member gets an injury or illness that threatens their life or when an immediate family or household member dies.
Casual employees are entitled to 2 days compassionate leave however this leave is unpaid.
Compassionate leave can be taken for each occasion that a family or household member is sick or dies by having a single continuous two day period or two separate periods of one day each or any separate periods which are agreed between you and your employer.
How to take personal/carer’s leave
If you need to take personal/carer’s leave you must let your employer know how long you expect to be on leave. Your employer is entitled to request evidence to substantiate the reason for the leave and if you do not provide this evidence then your employer does not have to allow the leave.
Leave pay
If you take personal/carer’s leave you are paid at your base rate of pay for the ordinary hours you would have worked but for the period of leave. This means that any additional entitlements such as incentive based payments and bonuses, loadings, allowances, overtime and penalty rates won’t be paid.
Entitlement to personal/carer’s leave
All employees employed under the national system of the Fair Work Act are entitled to personal/carer’s leave.
In addition from the 1st January, 2010 sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales are covered by the national system.
How can a solicitor help me with my leave entitlements?
A solicitor can assist you by explaining your entitlements under the new national employment system as well as your pay entitlements when you take parental/carer’s leave. They can also assist you in understanding the National Employment Standards and whether you are able to cash out these entitlements.
