Section 97 — Fair Work Act 2009 (Cth)

An employee may take paid personal/carer’s leave if the leave is taken:

(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or

(b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:

(i) a personal illness, or personal injury, affecting the member; or

(ii) an unexpected emergency affecting the member.

Note 1: The notice and evidence requirements of section 107 must be complied with.

Note 2: If an employee has an entitlement to paid personal/carer’s leave, the employee may take that leave instead of taking unpaid special parental leave under section 80.

Related sections

• s 94 — Cashing out and taking paid annual leave for award/agreement free employees
• s 95 — Subdivision applies to employees other than casual employees
• s 96 — Entitlement to paid personal/carer’s leave
• s 98 — Employee taken not to be on paid personal/carer’s leave at certain times
• s 99 — Payment for paid personal/carer’s leave
• s 100 — Paid personal/carer’s leave must not be cashed out except in accordance with permitted cashing out terms

Research how courts apply s 97

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