Sydney Bylaw Guide: Paid Sick Leave Compliance

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

Sydney, New South Wales employers must comply with Australia’s paid personal/carer's leave rules as applied within the city. Most private-sector entitlements and minimums are set by the national National Employment Standards and enforced by the Fair Work Ombudsman; employers in Sydney should align contracts, workplace policies and rostering with those standards and local council workplace policies where applicable. For the basic entitlement and accrual rules see the official guidance. Personal/carer's leave details[1]

Overview of obligations

Employers in Sydney must provide the minimum paid personal/carer's leave entitlements to eligible employees, record leave and not unlawfully terminate or discriminate against staff taking entitled leave. Agreement terms, modern awards and enterprise agreements can vary entitlements but cannot provide less than the national minimums.

  • Accrual: record how leave accrues each pay period and show balances on payslips where required.
  • Policies: keep a written personal/carer's leave policy that mirrors the NES and any applicable award or agreement.
  • Records: retain leave records and evidence where appropriate for the statutory period.
Review enterprise agreements and awards before changing workplace leave policies.

Penalties & Enforcement

Enforcement of paid sick leave obligations in Sydney is handled primarily by the Fair Work Ombudsman and via the Fair Work Act 2009 as the controlling national instrument; check the Act for statutory mechanisms and civil penalties. Fair Work Act 2009[2]

  • Fine amounts: not specified on the cited page for a single standard statement of entitlement; see the Act and enforcement pages for penalty figures and ranges.[2]
  • Escalation: first compliance notices, then possible court action or civil penalties; specific graduated amounts are not specified on the cited guidance page.
  • Non-monetary sanctions: orders to back-pay employees, injunctions, compliance notices, public naming and enforceable undertakings.
  • Enforcer and complaints: the Fair Work Ombudsman accepts complaints and investigates suspected breaches; lodge complaints via the official contact and advice page. Fair Work Ombudsman contact[3]
  • Appeals/review: decisions or penalties may be subject to court or tribunal review under procedures in the Act; time limits for bringing proceedings are governed by the Act and related rules (not specified on the cited page).
If you receive a compliance notice, act promptly to correct records and pay entitlements where due.

Applications & Forms

There is no single City of Sydney leave application form for statutory paid personal/carer's leave; employers use internal leave request forms and must follow the NES and any applicable award or enterprise agreement. Official government complaint or contact forms are available on the Fair Work Ombudsman site for reporting suspected breaches.[3]

Practical compliance steps

  • Audit contracts and awards: check every employee's contract against the NES and any modern award.
  • Update policy: publish a written leave policy that explains accrual, evidence and notification rules.
  • Recordkeeping: keep payroll records and leave balances for the statutory retention period.
  • Back-pay: promptly calculate and correct any underpayments to minimise escalation risk.

FAQ

Who sets paid sick leave rules for employers in Sydney?
The national National Employment Standards under the Fair Work Act set minimum paid personal/carer's leave; the Fair Work Ombudsman enforces those rules.[1]
How much paid sick leave does an employee get?
Minimum entitlements and accrual methods are set by the NES; check the Fair Work Ombudsman guidance for the current entitlement and any award or agreement variations.[1]
How do I report a suspected breach in Sydney?
Contact the Fair Work Ombudsman to lodge a complaint or seek assistance via their official contact page.[3]

How-To

  1. Confirm which modern award or enterprise agreement applies to each employee.
  2. Compare contracts and payroll records to the NES minimums.
  3. Update or adopt a written leave policy and employee notice procedure.
  4. Calculate any shortfall and process back-pay where required.
  5. If unsure, seek clarification or lodge a query with the Fair Work Ombudsman.

Key Takeaways

  • Paid sick leave in Sydney follows national NES rules; local employers must comply.
  • Keep clear policies and accurate records to reduce enforcement risk.

Help and Support / Resources

  1. [1] Fair Work Ombudsman - Personal/carer's leave
  2. [2] Fair Work Act 2009 (consolidated)
  3. [3] Fair Work Ombudsman - Contact us

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