When a child wakes up sick, a parent needs urgent medical care or someone in your household has an unexpected emergency, going to work may suddenly become impossible.

But do you know when you are legally entitled to take carer’s leave?

Under Australia’s Fair Work rules, permanent employees can use paid personal/carer’s leave when they need to care for an immediate family or household member because of illness, injury or an unexpected emergency.

And the definition of “family” may be broader than many workers realise.

It can include a spouse, former spouse, de facto partner, children, parents, grandparents, grandchildren and siblings. Importantly, it can also include someone who lives in your household, even if they are not related to you.

How much notice do you need to give?

There is no requirement to predict an emergency.

Employees must notify their employer as soon as possible that they will be absent and, where possible, explain how long they expect to be away.

For planned events, such as a family member’s scheduled surgery, employees should provide notice as early as possible. But if a child suddenly becomes sick or an emergency occurs overnight, notifying the employer when you become aware of the situation may be sufficient.

Can your employer ask for proof?

Yes.

An employer can request reasonable evidence that the family or household member was genuinely ill, injured or experiencing an emergency and required care.

Depending on the circumstances, this could include a medical certificate or another form of reasonable evidence.

What about casual workers?

Casual employees generally do not receive paid carer’s leave. However, they may be entitled to unpaid carer’s leave when the relevant conditions are met.

What if caring is ongoing?

Carer’s leave is specifically linked to illness, injury or an unexpected emergency. Simply caring for an elderly or frail relative does not automatically mean paid carer’s leave applies.

However, employees with caring responsibilities may have the right to request flexible working arrangements. Employers generally have 21 days to consider and respond to such a request.

Knowing your leave entitlements can make a stressful family situation a little easier and help you understand where your workplace rights begin.