Ask an expert - Leave in probation period

[ 22-Jul-2012 ]

One of our staff commenced 5 Mar12 and is on 6months probation has taken 1 sick day on 5 Jun12 2 sick days 28 and 29 Jun 12 2 Annual Leave days 2 and 3 July 12 No Annual leave accrued so I know I do not have to pay Annual Leave but what are my obligations to pay sick Leave when still within 6months probation period.

Under the NES full time employees are entitled to 10 days paid personal/carer’s leave  & 20 days annual leave per year. These accruals are pro-rated for PT employees based on the number of hours they work. Employees are entitled to take paid leave as soon as they have accumulated it, irrespective of a probation period. There is no qualifying  period.

Consequently, in your scenario, the employee should be paid for the 3 “sick” days and the 2 days annual leave.

For clarity; a full-time employee would accrue (and be eligible to take) 5 days personal/carer’s leave & 10 days annual leave across a six month probation.

Chris Biddle
Director of Training and Consulting



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