Unpaid sick leave

Unpaid sick leave commonly refers to time away from work for illness or injury when paid personal leave is unavailable or exhausted. It should not be confused with the separate unpaid carer's leave entitlement. Whether an absence is approved, paid or protected depends on employment circumstances and the applicable rules.

Is there a fixed national allowance for everyone?

Do not assume there is a universal bank of unpaid personal sick days. The National Employment Standards, awards, agreements and other legal protections need to be considered. Casual employees and permanent employees have different paid-leave arrangements.

Unpaid carer's leave concerns care or support for another eligible person and has its own rules. It is not interchangeable with an employee's own illness. Ask the employer which category is being recorded and keep the explanation in writing if possible.

For the Australian guidance behind this explanation, see Fair Work Ombudsman: Long periods of sick leave - Fair Work Ombudsman.

What happens after paid leave runs out?

Give notice and provide reasonable evidence if requested. Fair Work describes protections relating to temporary absence because of illness or injury, including conditions and limits. Losing one specific protection does not automatically make every dismissal lawful; other protections may still apply.

For a prolonged absence, get advice on the actual employment situation rather than relying on a simplified time limit. A doctor can assess health and capacity, but cannot guarantee job protection or determine the legal outcome.

What medical evidence may help?

The clinician may need to describe the period of incapacity and arrange ongoing review. Be accurate about dates and job duties. If the condition is continuing, coordinated care with a regular clinician may be more useful than repeated isolated certificate requests.

See Doccio's medical certificate information. A doctor decides what evidence can be supported. For leave approval, payment or dismissal questions, consult current Fair Work guidance, a union or another appropriate adviser. Do not delay necessary treatment while trying to resolve an administrative disagreement.

Where to go next

Read medical certificates to understand the relevant service. A doctor decides whether a consultation, examination, referral or another pathway is appropriate for your situation.