Paid Sick Leave Disclosure in Sydney - City Law

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

Sydney, New South Wales employers must follow Australia’s national paid sick leave rules when employing staff in the city. Paid personal/carer’s leave entitlements and accrual rules are set by the National Employment Standards and administered by the Fair Work Ombudsman; local council bylaws in Sydney do not create separate paid sick leave entitlements but may interact with business licensing and public health requirements. For details about employee entitlements, consult the Fair Work Ombudsman guidance linked below and use the official complaint pathway if you cannot resolve an employer dispute directly via workplace channels. Fair Work guidance[1]

Employers should include leave entitlements in written employment contracts and staff handbooks.

Overview of legal framework

Paid sick leave for full-time and part-time employees is governed by the National Employment Standards under the Fair Work Act and administered by the Fair Work Ombudsman. Casuals generally do not receive paid personal/carer’s leave under the NES. City of Sydney regulatory instruments do not set a separate paid sick leave regime; however, the council enforces licensing, health and safety standards for businesses operating within the local government area and can provide referrals for enforcement or public health matters.

Penalties & Enforcement

Primary enforcement for paid sick leave entitlements is by the Fair Work Ombudsman and, where applicable, the courts under the Fair Work Act. City of Sydney regulatory teams may investigate related public health or licensing breaches but do not determine NES leave entitlements.

  • Monetary fines for breaches of NES entitlements: not specified on the cited page when describing leave entitlements; enforcement and penalties are handled under the Fair Work Act and through Fair Work Ombudsman compliance processes. Contact Fair Work[2]
  • Escalation: initial compliance activity, followed by infringement notices or litigation where necessary; specific first-offence versus repeat-offence fine levels are not specified on the Fair Work leave guidance page.
  • Non-monetary sanctions: compliance notices, enforceable undertakings, rectification orders and court proceedings may be used by the Fair Work Ombudsman; City of Sydney can impose conditions or actions under local licences for related regulatory breaches.
  • Enforcer and complaint pathway: Fair Work Ombudsman is the primary enforcement body for NES leave entitlements; City of Sydney Regulatory Services handles licensing or public health complaints for local businesses.
  • Appeals and review: decisions by the Fair Work Ombudsman may be subject to court review; time limits for legal proceedings are set by the Fair Work Act or court rules and are not specified on the Fair Work leave guidance page.
If you believe an employer has denied lawful leave, gather pay records and written communication before contacting regulators.

Applications & Forms

The Fair Work Ombudsman accepts online complaints and provides workplace information and templates but does not publish a single named "paid sick leave form" on the NES guidance page; use the Fair Work online complaint/contact page for reporting unpaid entitlements or seeking advice.[2]

Keep payslips and rostering records for at least 12 months to support any complaint.

Common violations

  • Failing to accrue or pay personal/carer’s leave for eligible employees.
  • Misclassifying employees as casuals to avoid leave obligations.
  • Refusing to accept reasonable medical certificates or not documenting leave properly.

FAQ

Who sets paid sick leave rules for workers in Sydney?
The National Employment Standards under the Fair Work Act set paid sick leave entitlements; the Fair Work Ombudsman administers and enforces those rules for workers in Sydney, New South Wales.
Can the City of Sydney fine employers for unpaid sick leave?
The City of Sydney does not set NES leave entitlements; fines for unpaid sick leave are issued through federal enforcement by the Fair Work Ombudsman or courts, while the council may address related local licence or public health breaches.
How do I report an employer who won’t pay accrued personal leave?
Gather documentation, raise the issue with your employer in writing, then contact the Fair Work Ombudsman or use their online complaint pathway; City of Sydney Regulatory Services can be contacted for related business licence or public health concerns.

How-To

  1. Collect evidence: payslips, employment contract, rostering and any medical certificates.
  2. Ask your employer in writing for clarification and a resolution within a reasonable timeframe.
  3. If unresolved, contact the Fair Work Ombudsman for advice and to lodge a complaint using the official contact form.
  4. Follow any compliance steps advised by regulators and keep records of all communications.

Key Takeaways

  • Paid sick leave entitlements for Sydney workers are set by federal law (NES), not local bylaws.
  • Fair Work Ombudsman is the main enforcement and complaint authority for unpaid leave.

Help and Support / Resources

  1. [1] Fair Work Ombudsman - Sick and carer’s leave guidance
  2. [2] Fair Work Ombudsman - Contact and complaints

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