Employment law refresher

Entitlement to Accrued Sick Leave Entitlements

Sub-Division A of Division 7 of the Fair Work Act 2009 provides that all employees "other than casual employees" are entitled to paid personal leave. Section 96 of the Fair Work Act provides that:

1. For each year of service with his or her employer, an employee is entitled to 10 days of paid/carer's leave.
2. An employee's entitlement to paid personal/carer's leave accrues progressively during a year of service according to the employee's ordinary hours of work and accumulates from year to year."

Section 97 of the Fair Work Act relevantly confirms that paid personal/carer's leave applies in respect to both an illness of an employee and the illness of an immediate family member or an unexpected emergency affecting a family member.