Who can use this form
This form can be used by all employers throughout Australia, except the following excluded employers:
- Non-constitutional corporation employers in Western Australia;
- State public sector employers (ie employees of a Minister, the Governor or the Crown); and
- Local Government employers — except Tasmania.
Commentary
Employees who are sick or who need to care for family or household members have an entitlement to personal/carer’s leave under the National Employment Standards. However, they must give their employer notice of the taking of personal/carer’s leave.
This notice must be given as soon as practicable, which could be at a time after the leave has started. Employees must also advise the employer of the period, or expected period, of the leave.
Importantly, if the employer requires, the employee must provide reasonable evidence of the circumstances leading to them taking leave. The circumstances are that the leave is or was taken:
- because the employee is not fit for work because of a personal illness, or personal injury affecting the employee, or
- to provide care and support to a member of the employee’s immediate family, or a member of the employee’s household who requires care or support because of a personal illness or personal injury affecting the member, or an unexpected emergency affecting the member.
In appropriate circumstances, the Statutory Declaration — Personal/Carer’s Leave can be completed by employees if they need to provide a statutory declaration in support of the particular absence.
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Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
Further information Further information on how to use this document can be found at the 'How to use these forms' link on the Forms page of the HR Advance website.
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