Can I take sick leave during notice period?

Whether or not you can take sick leave during your notice period depends on the terms of your employment contract, the Fair Work Act 2009, and your employer's policies.

Here are some key points to consider:

Notice period

You remain an employee of the company during your notice period and may be entitled to certain employment benefits, including sick leave, as long as you meet the eligibility criteria.

Sick leave entitlement

Under the Fair Work Act 2009, most employees are entitled to paid sick leave, also known as personal/carer's leave. The standard entitlement is 10 days of paid personal/carer's leave per year for full-time employees, which accrues progressively. Part-time employees receive a pro-rata amount determined by their working hours.

Eligibility for sick leave

To be eligible for sick leave, you must have accumulated enough leave entitlement, and you should provide your employer with notice and evidence of your illness as required by their policies or the Fair Work Act. Typically, you need to provide a medical certificate if you are taking sick leave for more than one or two consecutive days.

Employer policies

Employers may have specific policies or procedures related to taking sick leave during the notice period. It's essential to consult your employment contract and your company's policies to understand your rights and obligations.

Workplace agreements

Enterprise agreements or workplace awards can affect sick leave entitlements for certain employees. These agreements may provide additional rights or conditions related to sick leave.


If you plan to take sick leave during your notice period, it's a good idea to have an open and honest conversation with your employer. Discuss the reasons for your leave and whether it's possible to adjust your notice period to accommodate your health needs.

Remember that it's essential to adhere to any notice and evidence requirements for sick leave outlined in your employment contract and company policies. If you're unsure about your rights or how your specific situation is governed by Australian employment laws, consider seeking advice from a legal professional or contacting the Fair Work Ombudsman for guidance.

To learn more information about this topic, click the button below to read our article on whether you can resign while on annual leave.

Can I take sick leave during notice period?

Are you looking for a job?

Are you looking for a job?

Now that you know whether you can take sick leave during your notice period, you should take a moment to check our current vacancies page.

At 11 Recruitment, we have a range of white-collar temp and perm jobs available. We're always on the lookout for top talent to place with our clients, so we encourage you to apply for any positions that are of interest.

If none of our current vacancies are right for you, you should register for job alerts. Then we’ll be able to notify you when we receive a position that matches your profile.