Personal/Carers leave, commonly known as “sick leave” is one of the most important workplace entitlements in Australia. It is effectively statutory income protection when you are unfit for work and helps maintain a safe, healthy workplace by encouraging people to stay home when you are unable to work due to a medical illness. Despite this, many workers find themselves unsure about when an employer can actually say no to a sick leave request.
This guide explains when a refusal may be lawful, what evidence you may need to provide and what your options are if your employer denies your sick leave unfairly.
When can an employer reasonably reject a sick leave request?
Permanent employees are entitled to paid personal and carer’s leave when they are unfit for work due to an illness or injury. For National System Employees, for whom the Fair Work Act applies, an employer generally cannot refuse a legitimate sick leave request if:
- You are unwell or injured
- You have accrued paid sick leave available
- You provide evidence, if requested, in accordance with either your contract of employment, Enterprise Agreement or state industrial system agreement. State public servants may have other requirements to provide evidence for sick leave.
- It is always best to consult your medical practitioner and obtain a medical certificate if you are unfit for work. This makes it much harder for your employer to suggest that your absence is not a genuine absence.
- If your sick leave request has been refused, reach out to our employment team for advice.
What happens if you run out of sick leave?
Once your paid sick leave balance reaches zero, you still have options if you are unwell and unable to work. Sick leave is not unlimited, but the law recognises that illness doesn’t always line up neatly with your leave balance.
You may be able to take:
- Unpaid sick leave
- Annual leave (with employer approval)
- Long service leave (depending on eligibility)
- Special Leave, that could be a term of your enterprise agreement, or your
,contract of employment.
Employers can refuse paid sick leave if no personal leave balance remains, but, you can request that you access other entitlements.
What should you do if an employer is denying your sick leave?
If your employer refuses your sick leave and you believe the refusal is unfair or unlawful, there are practical steps you can take to protect your rights.
1. Ask for the decision in writing This creates a clear record of the refusal and the employer’s reasoning.
2. Check your award, agreement or employment contract These documents sometimes provide additional entitlements or specific rules about evidence and notification.
3. Provide medical evidence promptly If you haven’t already, provide a medical certificate from your treating practitioner. This often resolves disputes quickly.
4. Speak with HR or a higher manager Sometimes refusals are based on misunderstandings or inconsistent internal procedures.
5. Keep copies of all correspondence If the issue escalates, you will need a clear timeline of events.
6. Get legal advice early A lawyer can advise you on your rights and whether the employer’s conduct amounts to an issue that is actionable at law.
Why you should turn to Turner Freeman for your employment case
If your employer is refusing legitimate sick leave or treating you unfairly after an illness, professional legal support can make a significant difference. Turner Freeman Lawyers act for employees across Australia and understand the complexities of workplace entitlements, medical evidence requirements and the protections available to employees and the obligations of employers.
We take a compassionate, practical approach, helping you understand your rights and guiding you through each step of the process. Whether you are dealing with an unlawful refusal, a dispute about evidence or consequences such as reduced hours or termination, our team is here to help you find a fair resolution.
