The circumstances surrounding requests for carer's leave can sometimes be complex. For example, an employee may have a grandchild who requires care because the child's parent(s) are unable to do so. 

In the example above, an employee would be entitled to paid carer’s leave subject to providing reasonable evidence that care is required to be given. A letter from a doctor or hospital would be sufficient evidence of the usual carer’s incapacity. 

Note that entitlement to paid carer’s leave also applies where an employee is required to provide care or support to a member of the immediate family or member of the employee’s household. 

Meaning of 'support' 

Carer’s leave is not necessarily tied to the incidence of illness but an employee may elect to use their carer’s leave to provide “support” to a family or household member who is affected, that is, without reference to illness and injury. In this case, entitlement to carer’s leave could be based on either providing “care” to a grandchild or providing “support” to the parent. 

Notice/evidence requirements 

Notice 

An employee must give notice as soon as practicable (which may be after the leave has started) and must advise the employer of the period, or expected period, of the leave. 

Evidence 

An employer may require an employee to give evidence that would satisfy a reasonable person that the leave is taken for a relevant reason. 

Meaning of immediate family/household member 

Under s12 of the Fair Work Act 2009, the term “immediate family” is defined to mean a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an employee, or a child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner of an employee. 

Reference to “de facto partner” means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether same-sex or different sexes), and includes a former de facto partner of an employee. 

Unpaid carer’s leave 

Under the National Employment Standards, an employee, including a casual employee, is entitled to up to two days of unpaid carer’s leave (either continuously or separately) for each permissible occasion when a member of the employee’s immediate family, or member of the employee’s household, requires care or support because of a personal illness or injury affecting the member, or an unexpected emergency affecting the member. 

An employee cannot take unpaid carer’s leave if the employee could instead take paid personal/carer’s leave. The same notice and evidence requirements that apply to paid personal/carer’s leave also apply to unpaid carer’s leave.