If employees are unable to attend work because of illness or injury they are entitled to have time off without losing their pay.

Sick leave is an entitlement payable under most NSW awards or enterprise agreements.

The applicable award or enterprise agreement will provide information about how much sick leave an employee is entitled to.

Most awards provide for at least five days in the first year and eight days in the second and subsequent years. Untaken sick leave can usually be carried forward for several years.

Some awards provide for a 'qualifying period' for sick leave in the first year of employment. This is usually up to three months. During this time employers may withhold payment for sick leave until after the qualifying period.

Part-time employees have a proportional entitlement to sick leave, depending on the number of hours worked.

Casual employees have no entitlement to sick leave.

The Industrial Relations Commission of New South Wales handed down a decision in the Family Provisions Case 2005. The decision related to caring and parental leave rights and responsibilities and affects employers and employees working under state awards. The new standards have applied from 19 December 2005.

The decision broadens the reasons for use of sick leave for caring responsibilities. They now include occasions where an employee has to care for a family or household member due to an unexpected emergency. This is in addition to existing arrangements that allow employees to use their paid sick leave in order to provide care to a family or household member who is ill. The use of sick leave for caring purposes remains uncapped and the description of the relationships for which carers leave is available, has not changed.