From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).
Entitlements to personal/carer’s leave and compassionate leave under the NES are:
Paid personal/carer’s leave
Who: for all employees except casuals.
When: when the employee is sick or injured or when the employee needs to care for an immediate family or household member who's sick, injured or has an unexpected emergency.
Immediate family is an employee's:
spouse
de facto partner
child
parent
grandparent
grandchild
sibling, or a
child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.
Unpaid carer's leave
Who: for all employees, including casuals.
When: same as for paid carer’s leave. (Full and part-time employees can only use this when they have used up all of their paid personal/carer’s leave).
Paid compassionate leave
Who: for all employees except casuals
When: an immediate family or household member:
gets an injury or illness that threatens their life; or
dies.
Unpaid compassionate leave
Who: for casual employees only.
When: same as for paid compassionate leave.