Does sick leave roll over, and is it paid out when you leave?

Does unused sick leave carry over to the next year?

Yes. Full-time and part-time employees accrue paid sick and carer’s leave gradually through each year of employment, starting from their first day. Whatever balance is left at the end of each year carries over to the next.

So the balance doesn’t start again from zero each year. Over several years with the same employer, it can build well beyond the 10 days a full-time employee accrues in a single year. Our guide to how much sick leave you get explains how the yearly amount is worked out.

How can a larger balance help?

You can take as much paid sick or carer’s leave as you’ve accumulated, and there’s no minimum or maximum you have to take at once. That’s where a carried-over balance matters.

The Fair Work Ombudsman gives the example of Fiona, a full-time senior accounts manager. Severe dizziness and joint pain linked to menopause were affecting her ability to work. Her doctor found she wasn’t fit for work and recommended two weeks off while she managed her symptoms. Because Fiona had built up more than eight weeks of sick leave, she could cover the full two weeks with paid leave. She gave her employer a medical certificate for the period.

Is sick leave paid out when you leave a job?

No. Unused sick and carer’s leave isn’t paid out when your employment ends. This is one of the main differences between sick leave and annual leave.

Here’s what the Fair Work Ombudsman says your final pay is made up of:

Item	Included in final pay?
Wages owing for hours worked, including penalty rates and allowances	Yes
Unused annual leave, plus annual leave loading if you’d normally get it	Yes
Payment in lieu of notice, redundancy pay, accrued or pro rata long service leave	If it applies
Unused sick and carer’s leave	No

Annual leave loading is paid out on termination even if your award, enterprise agreement or contract says it isn’t. Most awards require final pay within 7 days of your last day, but check your own award or agreement for the timing that applies to you.

Should you use up your sick leave before you leave?

Paid sick leave is for when you can’t work because of a personal illness or injury. Carer’s leave is for when you need to care for or support an immediate family or household member who is sick, injured or has an unexpected emergency. Neither is a general entitlement you can draw down because you’re leaving.

Your employer can ask for evidence for any sick or carer’s leave, even one day or less, and that evidence has to convince a reasonable person that you were genuinely entitled to it. If you don’t provide evidence when asked, you may not be paid for the leave. See what you can use sick leave for for the situations it covers.

What happens if your sick leave runs out?

If you’ve used all your paid leave and need to care for an immediate family or household member, you can take 2 days of unpaid carer’s leave each time they need care because of an illness, injury or unexpected emergency.

If you’re the one who is unwell for a long period, there are protections from dismissal. If you can provide evidence of your illness or injury, you’re protected from being dismissed because of your absence if:

• you’ve been away for less than 3 consecutive months, or less than 3 months in total over the last 12 months, or
• you’re still using paid sick leave.

That second point is where a large rolled-over balance helps most. Employees who use paid sick leave for the whole absence can’t be dismissed because of that absence, however long it lasts.

Once you’ve been away for more than 3 months and used all your paid sick leave, that specific protection no longer applies. Other protections still can, including under state and territory workers compensation and rehabilitation laws, and through unfair dismissal, general protections, unlawful termination or anti-discrimination claims.

Where can the rules be different?

An award, registered agreement or contract can give you more sick and carer’s leave than the National Employment Standards, but not less. Check yours, and talk to the Fair Work Ombudsman on 13 13 94 if you think your final pay is wrong. The Ombudsman can only advise on minimum entitlements; for anything beyond those, it suggests getting legal advice. This guide is general information, not legal advice.

For a plain overview of how sick, carer’s and personal leave relate, see personal leave vs sick leave vs carer’s leave.

If you’re unwell now and your employer has asked for evidence, you can request an online assessment. A registered practitioner reviews each request, and certificates are issued only when clinically appropriate. They aren’t backdated.