Personal/carer’s leave and compassionate leave are provided for in the NES, sections 95 to 107 of the FW Act. Generally, casual employees are not entitled to paid personal or carer’s leave, although a casual employee may be entitled to unpaid carer’s leave in specified circumstances.

Amount of leave

For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer’s leave at his/her minimum (base) rate of pay determined from sub-clause 13.1.

Paid personal carer’s leave can be taken in the following situations:

1. If an employee is not fit for work because of personal illness or injury
2. To provide care or support to a members of the employee’s immediate family, or a member of the employee’s household who requires care or support because of:
   1. a personal illness or injury
   2. an unexpected emergency

Up to 2 days unpaid carer’s leave per permissible occasion is available to casual employees and those full time employees who have exhausted their entitlement to paid personal/carer’s leave.

An employee must give notice, as soon as practicable, to their employer of the nature of the leave taken and must also advise the employer of the expected period of leave.

The employer is entitled to request evidence that would satisfy a reasonable person that such leave has been properly taken.

Accrual of leave

An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s notional ordinary hours of work, and accumulates from year to year. The following website will assist with personal/carer’s leave calculations: www.fairwork.gov.au/leave/personal-carers-and-compassionate-leave/pages/calculating-leave.aspx

Cashing out of personal/carer’s leave

The LDO Award makes no provision for the cashing out of personal carer’s leave, therefore it is not allowed unless specifically covered in an enterprise agreement