Q. An employee has requested paid carer’s leave to return home to the United Kingdom for approximately 2 to 3 weeks over the Christmas period to arrange power of attorney to care for his mother who is suffering from dementia.  

Would this be considered paid carer’s leave or would the employee need to apply for annual leave to cover this circumstance? The company will be closed down for annual leave during the Christmas break (22nd to 29th December). 

 

A. Under the Fair Work Act(s.97), carer’s leave is to enable an employee to provide care or support for a member of the employee’s immediate family or a member of the employee’s household, who requires care or support because of: 

  • a personal illness, or a personal injury, affecting the member; or 
  • an unexpected emergency affecting the member. 

The employee is not required to be the primary carer as long as he is providing care or support due to the above reasons outlined in the National Employment Standards. He would be able to use his personal leave accrual for this purpose if he fulfils the definition of personal/carers leave as well as the notice and evidence requirements. 

If the absence does not meet the criteria above then it would be annual leave. 

 

Bottom line 

While the meaning of ‘support’ is not defined in the Fair Work Act an employee can produce reasonable evidence from an appropriate person which states the employee is required to give care or support to the family member or household member of the employee.