How to Take Unpaid Carer's Leave for a Family Emergency in Australia
Find out when an Australian employee can take two days of unpaid carer's leave, who they can care for, and what notice or evidence an employer may request.
AU Australia
Work & Retirement ~ 5 min read
7 FAQ
Updated 2026-09-28
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Under the National Employment Standards, an employee in the national Fair Work system can take two days of unpaid carer's leave each time an immediate family or household member needs care or support because of illness, injury or an unexpected emergency. Casual employees can use this entitlement; full-time and part-time employees can use it when they have no paid sick or carer's leave left. Tell your employer as soon as possible, state how long you expect to be away and provide reasonable evidence if requested.
What you need
- Tell your employer about the leave as soon as possible, even if that is after the leave has started.
- State the length or expected length of your absence.
- Be ready to provide reasonable evidence, if requested, showing that an immediate family or household member needed care or support because of illness, injury or an unexpected emergency.
- If you are a full-time or part-time employee, check that you have no paid sick or carer's leave available for the period.
Eligibility
The National Employment Standards entitlement applies to employees in the national Fair Work system, including casual employees. It provides two days of unpaid carer's leave for each qualifying occasion involving an immediate family or household member. A full-time or part-time employee can take unpaid carer's leave only when no paid sick or carer's leave remains. Some employees outside the national system, including certain state public sector employees, must check the employment rules that apply to them.
How to do it
- Check that the person needing care is an immediate family or household member and that illness, injury or an unexpected emergency is the reason for the care.
- If you are full-time or part-time, check your available paid sick or carer's leave balance.
- Notify your employer as soon as possible and give the period or expected period of absence.
- Arrange to take up to two days in one continuous period, or agree with your employer on separate periods.
- If your employer requests evidence, provide evidence that reasonably supports your entitlement and keep a record of your notice and the leave taken.
Who can take unpaid carer's leave?
Under Australia's National Employment Standards (NES), employees in the national Fair Work system, including casual employees, are entitled to two days of unpaid carer's leave for each qualifying occasion. Full-time and part-time employees can take it only if they have no paid sick or carer's leave left. Casual employees do not have an NES entitlement to paid sick or carer's leave, but they can take unpaid carer's leave.
The national Fair Work system covers most Australian workplaces, but some employees are covered by state systems instead. This includes certain state public sector and local government employees. If your workplace is outside the national system, check your applicable state rules or ask your workplace's human resources team before relying on the NES entitlement described here.
When does a family emergency qualify?
The person must need your care or support because of a personal illness, injury or unexpected emergency. An unexpected emergency is a sudden or unforeseen urgent situation. It is not limited to medical events; depending on the circumstances, an unexpected school closure requiring you to collect and care for a child may qualify.
The person must be a member of your immediate family or household. Immediate family includes a current or former spouse or de facto partner, a child, parent, grandparent, grandchild or sibling, and specified relatives of a current or former spouse or de facto partner. Step and adoptive relationships are included. A household member is someone who lives with you, even if they are not related to you.
What must you tell your employer?
Notify your employer as soon as possible that you are taking carer's leave and say how long you expect to be away. You may give notice after the leave has begun if the circumstances prevent earlier notice. There is no separate government form or online application for this workplace leave.
Your employer may ask for evidence showing that you needed to care for or support the family or household member. A medical certificate or statutory declaration can be suitable evidence, depending on the situation. There is no single mandatory document for every case: the request must be reasonable in the circumstances, and an applicable award or registered agreement may specify evidence requirements. An employer can ask for evidence even for one day or less of leave.
Can you split the two days of leave?
You can take the two days in one continuous period, such as two consecutive working days. You and your employer may instead agree to separate periods, such as half days. The entitlement arises for each qualifying occasion; it is not described by the Fair Work Ombudsman as a two-day annual balance. The leave is unpaid.
What if you need more time or ongoing changes?
Unpaid carer's leave addresses a qualifying occasion requiring care or support. If you need continuing changes to your hours or work location, a separate request for flexible working arrangements may be relevant if you meet its rules. Check your award, agreement or employer arrangements for any additional leave available in your circumstances.
An employer cannot take negative action against an employee for taking unpaid carer's leave. Keep a record of the notice you gave and any evidence supplied if a disagreement arises about your absence.
Frequently asked questions
Can a casual employee take unpaid carer's leave?
Yes. A casual employee covered by the national Fair Work system can take two days of unpaid carer's leave for each qualifying occasion.
Can I take unpaid carer's leave if I still have paid carer's leave?
A full-time or part-time employee can take unpaid carer's leave under the NES only when they have no paid sick or carer's leave left. This restriction does not affect casual employees, who do not receive paid sick or carer's leave under the NES.
Does an unexpected school closure count as a family emergency?
It may. Fair Work says an unexpected emergency can include needing to collect a child from school, but whether carer's leave applies depends on the circumstances.
Do I have to notify my employer before the leave starts?
Notify your employer as soon as possible and state how long you expect to be away. The notice can be given after the leave has started when necessary.
Can my employer ask for a medical certificate?
Your employer can request reasonable evidence of your need to provide care or support. A medical certificate or statutory declaration may be suitable, but the appropriate evidence depends on the circumstances.
Can I take the two days as separate half days?
Yes, if you and your employer agree to separate periods. Otherwise, unpaid carer's leave can be taken in one continuous period.
Is unpaid carer's leave limited to two days per year?
No. The NES provides two days for each qualifying occasion, rather than a two-day annual allocation.
Official sources
Fair Work Ombudsman — Unpaid carer's leaveFair Work Ombudsman — Sick and carer's leaveFair Work Ombudsman — Notice and medical certificatesFair Work Ombudsman — Fair Work system coverageFair Work Ombudsman — National Employment StandardsRelated procedures
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