Personal/Carer’s Leave – Questions, Tips, and Initial Advice

Personal/Carer’s Leave – Questions, Tips, and Initial Advice

Personal/Carer’s Leave – Questions, Tips, and Initial Advice

Summary

Personal and carer’s leave provides paid time off when an employee is unfit for work or needs to care for a family or household member. The specific EBA/Award/Policy will set out how this leave can be used. Evidence requirements, notice obligations, and return‑to‑work processes are defined by the Fair Work Act, Awards, and policies. Disputes may arise over evidence thresholds, eligibility criteria, or RTW clearances.

Key Questions

  • Dates of leave; notice provided and how (phone, SMS, portal)?
  • Evidence requested/provided (medical certificate, statutory declaration)?
  • Length of absence and any RTW clearance requested?
  • Current capacity/restrictions?
  • Any disciplinary overlay or PIP referencing personal leave?

Preliminary Advice

  • Personal/carer’s leave is protected when notice/evidence rules are met.
  • Notice should be provided as soon as reasonably practicable. 
  • Management will frequently overstep in terms of evidence they require. It will depend on the industrial instrument, but evidence that would satisfy a reasonable person is the general rule, and a statutory declaration satisfies this requirement in most cases.
  • Policies commonly require certificates for absences > 2 days; stat decs may suffice if certificates unavailable.
  • Many agreements or awards do allow management to request a medical certificate for any amount of leave taken.
  • PIPs must focus on support, not punishment for exercising leave rights.
  • Follow reasonable RTW clearance requests consistent with policy.

Evidence & Common Pitfalls

  • Evidence: Certificates/stat decs, policy extracts, timesheets/rosters.
  • Pitfalls: Disciplining for compliant leave; excessive evidence demands beyond policy.

Escalation/Referral

  • Industrial Officer: Adverse action/Victimisation claims can often come from unreasonable action taken from management due to personal/carer's leave being taken.
  • Organiser: If a certain site is requiring unreasonable evidence requirements or any collective concern.

Copy–Paste Email Templates

Evidence/Policy Clarification (Member to Manager)

Subject: Personal/Carer’s Leave – Evidence and Policy Clarification

Dear [Manager],

Please confirm the evidence required for my absence on [dates] under [policy/instrument]. I have provided [certificate/statutory declaration]. If further information is needed, please specify the clause/policy provision.

Kind regards,
[Name]
[Role]

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