Paid Sick Leave Accrual Rules in Sydney, NSW

Labor and Employment New South Wales 3 Minutes Read ยท published February 11, 2026 Flag of New South Wales

Sydney, New South Wales workers and employers follow the National Employment Standards for paid personal (sick) and carers leave. This guide explains how paid sick leave accrues, what evidence employers may request, recordkeeping expectations, and practical steps for disputes and complaints in Sydney workplaces.

Check entitlements early and keep clear records when an illness affects work.

Entitlement & Accrual

Under the national framework, eligible full-time and part-time employees accrue paid personal/carers leave progressively based on ordinary hours worked. Accrual and minimum entitlements are set out in federal employment law and guidance; employers in Sydney should apply those rules to local payroll and rostering systems.Fair Work Ombudsman - Personal and carer\u2019s leave[1]

Evidence & Records

Employers may request reasonable evidence that leave was taken for a permitted reason. The Fair Work Ombudsman explains what evidence an employer can ask for and recordkeeping requirements for employers, including payslips and employment records.

  • Evidence: employers can generally request medical certificates, statutory declarations or other evidence reasonable in the circumstances.
  • Recordkeeping: keep written records of leave requests, approvals and evidence attached to the employees file.
  • Accrual timing: leave usually accrues progressively with ordinary hours worked; check enterprise agreements or awards for specific accrual calculations.
Keep copies of evidence and record the date the evidence was requested and provided.

Penalties & Enforcement

Enforcement for paid sick leave obligations in Sydney is handled under the federal system. The Fair Work Ombudsman accepts complaints and can investigate breaches of pay and leave entitlements. Specific monetary penalty amounts for breaches are set in the Fair Work Act and associated regulations or determined by courts; the exact fine amounts are not specified on the cited Fair Work Ombudsman guidance page.Fair Work Act 2009 (legislation.gov.au)[2]

  • Fines and penalties: not specified on the cited Fair Work Ombudsman guidance page; refer to the Fair Work Act for civil penalty provisions and current amounts.
  • Escalation: investigations may lead to compliance notices, enforceable undertakings or court proceedings; escalation details and categories (first/repeat/continuing) are not specified on the cited page.
  • Non-monetary sanctions: orders to back-pay employees, enforceable undertakings, and court orders are possible outcomes of enforcement action.
  • Enforcer and complaints: the Fair Work Ombudsman handles investigations; employers and employees in Sydney may contact the Ombudsman to lodge complaints or seek advice.Fair Work Ombudsman - Contact[3]
  • Appeals and review: review or appeal routes depend on the enforcement action; time limits for appeals or reviews are not specified on the cited Fair Work Ombudsman guidance page.
If you receive a compliance notice, act promptly and seek advice on time limits for responding.

Applications & Forms

There is generally no separate municipal form for claiming paid sick leave; entitlement is applied through payroll and enterprise agreement procedures. Employers should use their payroll system and retain supporting evidence. If an employer or employee needs to lodge a complaint with the regulator, the Fair Work Ombudsman provides online complaint and contact channels on its website.Fair Work Ombudsman - Contact[3]

Action Steps

  • Employees: notify your employer as soon as practicable and provide reasonable evidence if requested.
  • Employers: record accruals and keep evidence on file; apply award or agreement rules where they modify accruals.
  • Disputes: contact the Fair Work Ombudsman for guidance or to lodge a complaint if informal resolution fails.

FAQ

Who is entitled to paid sick leave in Sydney?
Most full-time and part-time employees are entitled to paid personal/carers leave under the National Employment Standards; casual employees are not entitled to paid personal leave.
What evidence can an employer ask for?
Employers can request reasonable evidence such as a medical certificate or statutory declaration depending on the circumstances and the employers policy.
How do I report a suspected breach?
If you suspect a breach of leave entitlements, contact the Fair Work Ombudsman to seek advice or lodge a complaint online.

How-To

How to provide or request evidence for a sick leave absence.

  1. Notify employer promptly of your inability to work and expected return date.
  2. Request or provide evidence: if employer asks, obtain a medical certificate or prepare a statutory declaration.
  3. Submit evidence to employer and keep a copy for your records.
  4. If disputed, raise the matter with your employer in writing and ask for internal review.
  5. If unresolved, contact the Fair Work Ombudsman for advice or to lodge a complaint.

Key Takeaways

  • Paid sick leave accrues progressively under the national framework and applies in Sydney workplaces.
  • Employers may request reasonable evidence and must keep accurate records.
  • If problems arise, the Fair Work Ombudsman handles complaints and investigations.

Help and Support / Resources

  1. [1] Fair Work Ombudsman - Personal and carer\u2019s leave
  2. [2] Fair Work Act 2009 (legislation.gov.au)
  3. [3] Fair Work Ombudsman - Contact

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