A sick day is valid when illness or injury leaves you unfit for work, including stress and pregnancy-related illness. Caring for a sick family or household member is carer's leave. A booked appointment counts only if you are unfit.
Australian law keeps no list of approved excuses. It asks one question about you on the day, and the answer decides whether the time is paid sick leave, some other kind of leave, or not leave at all. This guide puts the common reasons through that question, then covers what to say when you ring in and what 1 or 2 days take out of your balance. For the proof your employer can ask for afterwards, see sick leave evidence.
Key takeaways
- The test for your own sick day is whether you are not fit for work because of a personal illness or personal injury (Fair Work Act s 97(a)). The Act names no illnesses and sets no level of severity.
- A pre-booked appointment or elective surgery is sick leave only for the time you are unfit. A check-up you can work around is not.
- When you call in, the Act asks for notice as soon as practicable and the period, or expected period, of the leave. It does not ask for a diagnosis.
- One day or two, the test is the same, and your employer can ask for evidence for 1 day or less. A "2-day" or "3-day" certificate rule comes from an award, agreement or policy, not the Act.
What counts as a valid reason for a sick day
Section 97 of the Fair Work Act allows paid personal/carer's leave for two reasons. The first is the sick day: you are "not fit for work because of a personal illness, or personal injury, affecting the employee". The second is caring for someone else, which is covered below.
Three things follow from those words. The Act names no illnesses, so there is no approved list to check yours against. It sets no minimum severity: the question is whether you can do your job that day. And it says nothing about cause, so on its text an injury from weekend sport or a fall at home counts the same as one at work. The Fair Work Ombudsman adds that sick leave "can include stress and pregnancy related illnesses".
Every employee except a casual has this entitlement. The Act calls it paid personal/carer's leave, and why both names point to one balance is explained in personal leave vs sick leave.
The other side of the test is that an invented reason is not a s 97 reason. Paid sick leave exists only for the reasons that section lists, and the Ombudsman frames evidence as showing the employee "was genuinely entitled" to the leave. A day off while well is not sick leave, whatever it is called on the roster.
"An employee may take paid personal/carer's leave if the leave is taken: (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or (b) to provide care or 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: (i) a personal illness, or personal injury, affecting the member; or (ii) an unexpected emergency affecting the member." Compilation No. 73 (7 July 2026), retrieved 14 September 2026.
Fair Work Ombudsman, Paid sick and carer's leave (updated 10 August 2026): "An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy related illnesses." "All employees except casuals are entitled to paid sick and carer's leave." Retrieved 6 October 2026. Notice and medical certificates (updated 10 August 2026): the evidence "has to convince a reasonable person that the employee was genuinely entitled to the sick or carer's leave." Retrieved 7 October 2026.
Sick day reasons, one by one
Each row takes a reason people often give for a day off and checks it against s 97. "If you are unfit" means the condition stops you doing your job that day.
| Reason | Paid sick leave? | If not, what covers it | Source |
|---|---|---|---|
| Cold, flu, fever, gastro or food poisoning, migraine, an infection | Yes, if it makes you unfit for work | s 97(a); FWO paid sick leave page | |
| An injury, at work or outside it (sport, a fall at home) | Yes, if you are unfit | A work injury may also be a workers' compensation claim under state law | s 97(a) (our reading: it sets no condition on cause) |
| A flare-up of a long-term condition, such as asthma or back pain | Yes, if you are unfit | s 97(a) (our reading) | |
| Stress, burnout or anxiety | Yes, if it leaves you unfit | FWO ("can include stress"); s 97(a) for anxiety (our reading) | |
| Pregnancy-related illness, such as morning sickness | Yes, if it stops you working | FWO paid sick leave page | |
| A pre-booked doctor, dentist or specialist appointment you are well enough to work around | No | Annual leave (your employer must not unreasonably refuse), or flexible hours or unpaid leave by agreement | FWO notice page; s 88 |
| Elective surgery and the recovery after it | Only for the time you are unfit | Annual leave for the rest | FWO notice page |
| Your child, partner, parent or a household member is sick or injured | Not as sick leave: it is carer's leave from the same balance | Casuals: 2 days of unpaid carer's leave per occasion | s 97(b); s 12; FWO |
| School or childcare closes without warning | Carer's leave (an unexpected emergency) | s 97(b)(ii); FWO natural disasters fact sheet | |
| A death, or a life-threatening illness or injury, in your family or household; a stillbirth or miscarriage | No | Compassionate leave, 2 days per occasion | FWO compassionate leave page |
| Family and domestic violence | No | Paid family and domestic violence leave, 10 days a year | FWO family and domestic violence leave page |
| Emergency volunteering or jury duty | No | Community service leave | FWO community service leave page |
| A sick pet | No | Annual leave or unpaid leave by agreement | s 97 and s 12 (our reading) |
| A rest day when you are well (a "doona day") | No | Annual leave | s 97(a) (our reading); s 88 |
Two patterns run through the table. Anything about your own body turns on fitness for work, not on the name of the condition. Anything about another person, or about an event, belongs to a different kind of leave, even if your workplace calls it a sick day. The pet row is our reading of the Act: a pet is not on the s 12 list of immediate family, and we have read no Fair Work Ombudsman statement on it.
Fair Work Act 2009 ss 12, 88 and 97 (Compilation No. 73, retrieved 14 September 2026). Section 12 defines immediate family as "(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person." Fair Work Ombudsman: Paid sick and carer's leave; Notice and medical certificates; Unpaid carer's leave (updated 23 October 2025); Employment entitlements during natural disasters and emergencies (updated 27 July 2026); Compassionate and bereavement leave (updated 7 August 2026); Family and domestic violence leave (updated 10 August 2026); Community service leave (updated 7 August 2026). Retrieved 6 to 7 October 2026.
Mental health days and stress
"Mental health day" is everyday language, not a type of leave in the Fair Work Act, and no special type is needed. When stress or a mental health condition leaves you unfit for work, the day is paid sick leave like any other. The Fair Work Ombudsman names stress expressly. It does not name anxiety or depression, but s 97(a) does not require the illness to be physical, so on our reading a mental health condition that stops you working qualifies in the same way.
A day off to rest when you are well is different. It is not a s 97(a) reason, so book it as annual leave. Under s 88, your employer "must not unreasonably refuse" to agree to it.
If work caused the stress, a workers' compensation claim may also be open, and the rules for it are set by each state. They are covered in stress leave in NSW, stress leave in Victoria and stress leave in QLD.
Fair Work Ombudsman, Paid sick and carer's leave: sick leave "can include stress and pregnancy related illnesses." Retrieved 6 October 2026. Fair Work Act 2009 s 88: "(1) Paid annual leave may be taken for a period agreed between an employee and his or her employer. (2) The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave." (Compilation No. 73, retrieved 14 September 2026.)
Doctor, dentist and other appointments
The Fair Work Ombudsman's rule on appointments is one sentence: pre-arranged medical appointments and elective surgery "can only be covered by sick leave if an employee is not able to work because of a personal illness or injury". The appointment is not the reason. Being unfit is.
In practice that splits most appointments in two. A check-up, scan or routine dental visit you are well enough to work around is not sick leave. The hours after a procedure that leaves you unfit for work, such as a tooth extraction or day surgery, are. For the first kind, ask for annual leave for the time away, or agree with your employer on flexible hours or leave without pay. Elective surgery works the same way: only the time you are unfit for work is sick leave.
Notice and medical certificates (updated 10 August 2026): "Medical appointments and elective surgeries that are pre-arranged can only be covered by sick leave if an employee is not able to work because of a personal illness or injury." Retrieved 7 October 2026.
Reasons that need a different kind of leave
Many of the reasons on popular excuse lists are real reasons for time off, just not sick leave. Each has its own entitlement:
- Someone close is sick or hurt. If a member of your immediate family or household is ill, injured or caught up in an unexpected emergency and needs your care, take carer's leave. It comes out of your personal/carer's balance, and it can cover a childcare centre closing in an emergency.
- A death or a life-threatening illness or injury. Compassionate and bereavement leave gives 2 days each time, unpaid for casuals. Stillbirth and miscarriage are also covered: see miscarriage leave.
- Family and domestic violence. Full-time, part-time and casual employees all get 10 days of paid family and domestic violence leave each year.
- Volunteering in an emergency, or jury duty. This is community service and jury duty leave, unpaid except for jury duty.
- Any other emergency. The full list of situations and the leave for each is in emergency leave in Australia.
- Already on holiday. If you fall ill during booked annual leave, see sick during annual leave.
Paid sick and carer's leave: "An employee can take paid carer's leave to care for or support a member of their immediate family or household who is: sick; injured, or has an unexpected emergency." Natural disasters and emergencies fact sheet: "An employee may also be entitled to take sick and carer's leave to care for their child if for example their child's childcare closed temporarily due to a natural disaster or another unexpected emergency." Compassionate and bereavement leave: "Employees are entitled to 2 days compassionate leave each time they meet the criteria." "Casual employees receive unpaid compassionate leave." Family and domestic violence leave: "All employees are entitled to 10 days of paid family and domestic violence leave each year. This includes full-time, part-time and casual employees." Community service leave: "With the exception of jury duty, community service leave is unpaid." Retrieved 6 to 7 October 2026.
What to tell your employer when you call in sick
Section 107(2) sets what your notice has to contain, and it is less than many people expect.
- When: as soon as practicable. The Act says this "may be a time after the leave has started", so if you could not call before your shift, tell your employer once you are able to.
- How long: the period, or expected period, of the leave. Give your best estimate and update it if things change.
- Not the diagnosis: nothing in s 107(2) asks you to say what is wrong. Saying you are unwell or injured tells your employer it is sick leave rather than carer's leave.
"Hi Jordan, I'm unwell and not fit to work today. I expect to be off today and tomorrow, and I'll let you know by tomorrow afternoon if that changes."
Evidence is a separate step that only applies if your employer asks. It has to convince a reasonable person that you took the leave for a s 97 reason, which for a sick day means you were unfit through illness or injury. It does not have to name the illness. NSW health regulator guidance keeps a diagnosis off a medical certificate unless you consent, though it also cautions that a certificate saying too little "may not be enough to attract sick leave". If you are properly asked and give nothing, s 107(4) means you are not entitled to the leave, and the Ombudsman says you may not be paid for it. What counts as evidence is set out in sick leave evidence, and the certificate itself in doctor's certificate for sick leave.
(2) Notice "must be given to the employer as soon as practicable (which may be a time after the leave has started); and (b) must advise the employer of the period, or expected period, of the leave." (3) The employee "must, if required by the employer, give the employer evidence that would satisfy a reasonable person that: (a) if it is paid personal/carer's leave--the leave is taken for a reason specified in section 97". (4) "An employee is not entitled to take leave under this Division unless the employee complies with this section." AustLII consolidation, retrieved 7 October 2026.
Health Professional Councils Authority (NSW), Medical certificates: what you should know (published 21 August 2017): "diagnosis or details of the illness should not be included in a medical certificate without a patient's consent." Fair Work Ombudsman, Notice and medical certificates: "An employee who doesn't give their employer evidence when asked may not be entitled to be paid for their sick or carer's leave." Both retrieved 7 October 2026.
Sick leave for 1 day or 2 days
A one-day absence and a two-day absence pass or fail the same test: were you unfit for work through illness or injury? The length does not change the reason. In the Fair Work Ombudsman's words, there is "no minimum or maximum amount" to take at a time, so a week in bed with the flu is judged the same way, up to whatever you have banked.
Evidence follows the same logic. Your employer can ask for it "for as little as 1 day or less off work". If your workplace only asks after 2 or 3 days, that threshold comes from an award, an enterprise agreement or a workplace policy: s 107(5) lets an award or agreement set the kind of evidence, and the Ombudsman adds that it can set when evidence is needed. The Act itself has no 2-day or 3-day rule.
Separately from pay, reg 3.01 gives a route to protection from dismissal that runs on a clock: a medical certificate or statutory declaration within 24 hours of the absence starting, or a longer period that is reasonable. Both are explained in doctor's certificate for sick leave and can you get fired for too many sick days.
What 1 or 2 sick days take from a year's accrual
Sick leave is paid at your base rate for each hour, or part of an hour, you take, so a day off uses the hours you would have worked that day. A year's accrual is 1/26 of your ordinary hours, which is exactly two weeks of your own hours whatever your pattern.
| Working pattern | Hours a day | Accrued a year | 1 day | 2 days | Your shifts a year |
|---|---|---|---|---|---|
| 38 hours over 5 days | 7.6 | 76 h | 7.6 h (10%) | 15.2 h (20%) | 10 |
| 30 hours over 4 days | 7.5 | 60 h | 7.5 h (12.5%) | 15 h (25%) | 8 |
| 24 hours over 3 days | 8 | 48 h | 8 h (16.7%) | 16 h (33.3%) | 6 |
| 15.2 hours over 2 days | 7.6 | 30.4 h | 7.6 h (25%) | 15.2 h (50%) | 4 |
A part-timer on 24 hours over 3 days has 6 of their own shifts a year, so 2 sick days use a third of the year's accrual. Unused hours carry over to the next year. Casuals accrue no paid hours, so the table does not apply to them: see do casuals get sick leave.
Paid sick and carer's leave: "The yearly entitlement ... is 10 days for full-time employees, and pro-rata for part-time employees. This can be calculated as 1/26 of an employee's ordinary hours of work in a year." "There is no minimum or maximum amount of paid sick or carer's leave that can be taken at a time." "The balance at the end of each year carries over to the next year." Payment for sick and carer's leave (updated 10 August 2026): "Sick and carer's leave is paid at an employee's base pay rate for each hour or part of an hour of leave they take." Notice and medical certificates: "Employers can ask employees to provide evidence for as little as 1 day or less off work." "An award or registered agreement can specify when an employee has to give evidence to their employer and what type of evidence they have to give." Retrieved 6 to 7 October 2026. Fair Work Act s 107(5): "A modern award or enterprise agreement may include terms relating to the kind of evidence that an employee must provide in order to be entitled to paid personal/carer's leave". Fair Work Regulations reg 3.01(2): a medical certificate or statutory declaration "within: (a) 24 hours after the commencement of the absence; or (b) such longer period as is reasonable in the circumstances." AustLII, retrieved 7 October 2026. Table computed 8 October 2026.
The personal leave calculator works out your yearly accrual from your hours, and accrued sick days totals what you have banked since your start date.
If you have no sick leave left
For your own illness, the National Employment Standards stop at your balance. You can use whatever you have accrued, down to part of a day, because leave is paid for each hour or part hour taken. Once it is gone, the rest of the absence is unpaid. The 2 days of unpaid carer's leave per occasion do not fill this gap: they are for caring for family or household members, and full-time and part-time employees can use them only once their paid leave has run out.
An empty balance does not put your job at risk on its own. If you give evidence, your employer cannot dismiss you because of the absence while you are away for less than 3 months in a row, or less than 3 months in total over the last 12 months, or while you are still on paid sick leave. Where that protection ends is set out in can you get fired for too many sick days.
Fair Work Ombudsman, Paid sick and carer's leave: "An employee can take as much paid sick or carer's leave as they have accumulated." Unpaid carer's leave: "Full-time and part-time employees can only get unpaid carer's leave if they don't have any paid sick / carer's leave left." Long periods of sick leave (updated 10 August 2026): "Employees who can provide evidence of their illness or injury are protected from being dismissed because of their absence if they're: away for less than 3 consecutive months or less than 3 months in total over the last 12 months, or still using their paid sick leave." Fair Work Act s 352: "An employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations." Retrieved 6 to 7 October 2026.
Worked examples
The dollar figures use an example base rate of $32.00 an hour. It is for illustration only, not an award rate.
Ruby: gastro, 2 days, full-time
Ruby works 38 hours a week, Monday to Friday, and has 45.6 hours of sick leave banked. She wakes with gastro on Monday 16 November 2026 and texts her manager at 7am to say she is unwell and expects to be off Monday and Tuesday. She does not name the illness, and she does not need to. Gastro that stops her working is a s 97(a) reason.
- Hours taken: 2 × 7.6 = 15.2 hours
- Paid at base rate: 15.2 hours × $32.00 = $486.40
- Balance: 45.6 hours down to 30.4 hours
Her employer could ask for evidence even though she was off for less than 3 days.
Dev: flu, 2 shifts, part-time
Dev works 24 hours over 3 days, 8 hours a shift, so he accrues 48 hours a year: 6 of his shifts. Flu keeps him off his shifts on Monday 23 and Tuesday 24 November 2026. That is 16 hours, a third (33.3%) of a year's accrual, paid as $512.00 at the example rate.
Isla: dental check-up or extraction
Isla has a 10am dental check-up on Wednesday 25 November 2026 and is fit to work before and after it. The visit is not sick leave, so she asks for annual leave for the time away or agrees with her manager to make the time up. If the dentist instead extracts a tooth and she is unfit for the rest of the day, the hours she is unfit can be sick leave.
Kai: new starter, not enough banked
Kai started full-time on Monday 19 October 2026 and is sick on Monday 9 November, 3 weeks in. He has accrued 3 weeks × 38 hours ÷ 26 = 4.38 hours. His 7.6-hour day is paid for 4.38 hours ($140.31 at the example rate), and the other 3.22 hours are unpaid. If he gives evidence, the absence is still protected from dismissal: one day is far inside the 3-month limit.
Ben: casual parent, sick child
Ben is a casual. His son wakes with a fever on Monday 7 December 2026 and needs Ben at home. A permanent employee in the same spot would take paid carer's leave from their personal/carer's balance. Ben has no paid balance, so he can take 2 days of unpaid carer's leave for this occasion.
Accrual at 1/26 of ordinary hours and payment for each hour or part hour: Fair Work Ombudsman, Paid sick and carer's leave and Payment for sick and carer's leave. Appointments: Notice and medical certificates. Casuals: Unpaid carer's leave: "All employees, including casual employees, are entitled to 2 days unpaid carer's leave." Dismissal protection: Long periods of sick leave. Retrieved 6 to 7 October 2026. Hours computed 8 October 2026.
Sick day reasons: questions
What are valid reasons for a sick day?
Any personal illness or injury that makes you unfit for work. The Fair Work Ombudsman says that can include stress and pregnancy-related illness, and the Act has no list of approved conditions.
Is it wrong to take a sick day?
No. Every employee except a casual is entitled to paid sick leave for days they are unfit for work. Taking it when you are unfit for work is using a legal entitlement, not asking a favour.
Should I call in sick if I have a cold?
If the cold leaves you unfit for your work, it is a valid reason under s 97(a). The test is whether you can do your job that day, not the name of the illness.
What happens if I have no sick leave left?
Any hours still banked are paid, even part of a day, and the rest of the absence is unpaid. If you give evidence, your job is protected while you are away for less than 3 months, in a row or in total over 12 months. Caring for family gives 2 unpaid days per occasion.
Do I have to tell my employer why I am sick?
Not in detail. When you call in, the Act asks for notice and the expected length of the leave. If your employer then asks for evidence, it must show you were unfit through illness or injury, and a certificate should name the condition only with your consent. More in sick leave evidence.
What is a good reason for 1 day of sick leave?
The same reason as for any length of leave: an illness or injury that makes you unfit for work that day. Your employer can still ask for evidence for a single day.
What should I say for 2 days of sick leave?
As soon as practicable, tell your manager you are unwell and expect to be off for 2 days, naming the dates. Let them know if it runs longer.
Can I take a mental health day?
Yes, as paid sick leave, when stress or a mental health condition leaves you unfit for work. A day off while you are well is annual leave.
Can I use sick leave for a doctor's or dentist appointment?
Only for time you are unfit for work. A routine check-up you can work around needs annual leave or an agreed arrangement, while recovery time after a procedure that leaves you unfit is sick leave.
Can I take sick leave to look after my sick child or partner?
Yes, as carer's leave, which comes out of your personal/carer's balance. Casuals get 2 days of unpaid carer's leave per occasion instead.
Can I take sick leave to look after a sick pet?
No. A pet is not on the s 12 list of immediate family, so on our reading carer's leave does not reach it. Annual leave or unpaid leave by agreement are the options.
Can I call in sick without a medical certificate?
Yes, unless your employer asks for evidence. If it does, a statutory declaration is also an accepted example. The detail is in sick leave evidence.
How long can I take sick leave for, for example 7 days?
For as long as you are unfit and your balance lasts, since the Fair Work Ombudsman sets no minimum or maximum per absence. Its own example has an employee taking 2 weeks off on her doctor's advice, covered by a medical certificate.
Fair Work Act 2009 (Cth) ss 12, 88 and 97 (Compilation No. 73, 7 July 2026, retrieved 14 September 2026); s 107 and s 352, and Fair Work Regulations 2009 reg 3.01 (AustLII consolidations, retrieved 7 October 2026). Fair Work Ombudsman: Paid sick and carer's leave, including the example of Fiona, whose doctor "recommends that Fiona take 2 weeks off work"; Notice and medical certificates; Payment for sick and carer's leave; Unpaid carer's leave; Long periods of sick leave; Employment entitlements during natural disasters and emergencies; Compassionate and bereavement leave; Family and domestic violence leave; Community service leave (retrieved 6 to 7 October 2026). Health Professional Councils Authority (NSW), Medical certificates: what you should know (2017, retrieved 7 October 2026).
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.