Sick on annual leave: can you swap it for sick leave?

Can you swap annual leave for sick leave?

Yes. The Fair Work Ombudsman says that if you’re sick or injured while on annual leave, you can use your paid sick leave instead of your annual leave. The same applies to paid carer’s leave if you need to care for a family or household member, or deal with a family emergency, during your holiday.

The leave you take is deducted from your sick and carer’s leave balance instead of your annual leave balance. You need to:

• give your employer notice that you’re taking sick or carer’s leave
• provide evidence if your employer asks for it

What if you don’t have enough sick leave?

You and your employer can agree on what happens next. For example, you might agree to continue with your annual leave, or to switch to another type of leave such as unpaid leave.

Compassionate leave can also be used during annual leave. For example, if an immediate family member dies while you’re on annual leave, you may be able to take compassionate leave instead for some of that time.

What is paid sick leave for?

Full-time and part-time employees can take paid sick leave when they can’t work because of a personal illness or injury. The Fair Work Ombudsman says this can include stress and pregnancy-related illnesses.

Sick leave and carer’s leave are part of the same entitlement, often called personal/carer’s leave. Full-time employees get 10 days a year, and part-time employees get a pro-rata amount based on their ordinary hours. For more detail, see how much sick leave you get in Australia.

What is annual leave for?

Annual leave, sometimes called holiday pay, lets you be paid while having time off work. You usually request it before you go, and the process is often set out in your award, registered agreement, company policy or contract.

Your employer can only refuse a request for annual leave if the refusal is reasonable. There’s no minimum or maximum amount you can take at a time, as long as you and your employer agree.

Who gets paid annual leave and sick leave?

All employees except casuals are entitled to both paid annual leave and paid sick and carer’s leave. These entitlements come from the National Employment Standards.

Awards, enterprise agreements and other registered agreements can’t offer less than the National Employment Standards, but they can offer more. That’s one reason your own award or agreement is the first place to check. If you’re a casual employee, see our guide to sick and carer’s leave for casual and part-time workers.

If you get sick on holiday, what notice should you give?

If you want to use sick leave, the usual notice rules apply. The Fair Work Ombudsman says you must let your employer know you’re taking sick leave as soon as possible. That can be after the leave has started. You should also say how long you’ll be off, or expect to be off.

When you’re away on holiday, it’s easy to put this off. A short message to your manager on the day you get sick keeps your options open while you work out the rest.

What evidence might your employer ask for?

Your employer can ask for evidence that you couldn’t work because of an illness or injury. They can ask for evidence for as little as one day off, or less.

The evidence must convince a reasonable person that you were genuinely entitled to the leave. Medical certificates and statutory declarations are both examples the Fair Work Ombudsman gives. Your award or registered agreement can specify when evidence is needed and what type, as long as the requirement is reasonable.

If you don’t provide evidence when asked, you may not be paid for the sick leave. Our guide to using a statutory declaration for sick leave explains that option.

Does sick leave keep building up while you’re on annual leave?

Yes. The Fair Work Ombudsman says sick and carer’s leave keeps accumulating while you’re on paid leave, including annual leave. It doesn’t accumulate during unpaid annual leave.

What should you do if you get sick while on annual leave?

A practical order of steps:

1. Tell your employer as soon as you can. Say you’re unwell, when it started and how long you expect it to last.
2. Ask to use sick leave for those days. Say you’d like the sick days taken from your sick leave balance rather than your annual leave.
3. Keep evidence. If you think you’ll need it, get it while you’re unwell rather than afterwards.
4. Check your award or agreement. It may have rules about how leave is taken and what evidence is needed.
5. Get advice if you’re unsure. The Fair Work Ombudsman can help on 13 13 94.

Our guide on how to talk to your employer about taking sick leave has tips on what to say.

Getting a certificate if you’re unwell in Australia

If you need evidence and you’re unwell now, Click Clinic offers an online assessment for a work and sick leave certificate. Requests are assessed by registered practitioners, and a certificate is issued only when it’s clinically appropriate. Certificates aren’t backdated.

This guide is general information, not legal advice.