By Dean Groundwater and Kevin Dwyer
The Workplace Relations Act 1996 as amended by the WorkChoices reforms provide Australian employees who are covered by the Act with a minimum entitlement to "personal leave". Personal leave comprises paid sick leave, paid carer’s leave, unpaid carer’s leave and paid compassionate leave. All permanent employees covered by the Act are entitled to personal leave, while casual employees are entitled to unpaid carer’s leave only.
An employee must provide their employer with documentary evidence of the requirement to take leave. For an employee to be granted a period of carer’s leave they must produce a medical certificate from a "registered health practitioner" stating that his or her immediate family member or household member had, has or will have a personal illness or injury. Where it is not reasonably practicable to obtain a certificate, a statutory declaration must be provided.
