For example, imagine an employee goes on two months’ long service leave but becomes ill and is hospitalised for a fortnight? 

Or, an employee had intended to take an extended overseas holiday during their long service leave, but has been advised by their doctor not to travel for at least one month. The employee asks HR whether the period of their illness (about one month) could be taken from their balance of accrued personal/carer’s leave, and their long service leave re-credited. 

So what happens when someone is sick while on long service leave?
 

Can you take sick leave while on long service leave? 

Whether someone can take sick leave while on long service leave will be regulated by your state or territory’s long service leave legislation.

For example, the long service leave entitlement regulated by the Industrial Relations Act 2016 (QLD) does not make specific provision on this point therefore, once an employee has started their long service leave, any other form of paid leave, such as personal/carers leave, annual leave, a public holiday or compassionate leave, is excluded from the period of long service leave.

The employer and the employee may agree to re-credit the long service leave in this circumstance, with payment of personal/carer’s leave instead, although the employer is under no legal obligation to do so. 

The interaction of paid personal/carer’s leave during a period of long service leave is determined by the relevant state or territory legislation or (where applicable) the long service leave provisions of the applicable award-derived long service leave provision of the applicable pre-reform federal award. 

Apart from the provisions in the Fair Work Act 2009, it is uncommon in other employment-related legislation for an employee to have an entitlement to personal/carer’s leave when the employee is already absent on another form of paid leave. Where the relevant state or territory legislation (or pre-reform federal award) is silent on this particular matter, it is presumed that any other form of paid leave is excluded from the period of long service leave.