ARTICLE · 10 MARCH 2023

What counts as a family emergency for employees?

JB Solicitors

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Employees are entitled to personal / carer's leave (paid or unpaid), which may be used for leave for a family emergency.

AustraliaEmployment and HR

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What is a valid reason for a family emergency in employment law matters in Australia? Employees and employers may experience unforeseen circumstances. For example, personal issues may arise such as a car accident, a family member's mental health problem, or childcare issues. However, is it legal for workers to take urgent leave for their families? Are there laws that support such emergency leave?

Since 2010, the National Employment Standards (NES) has provided employees leave entitlements regardless of contract terms or agreements. NES also covers the national workplace relations system. Employees are entitled to paid personal/carer's leave, unpaid carer's leave, paid/unpaid compassionate leave, and paid domestic violence leave under the NES. Employees can use this type of leave to deal with:

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