From 24 July 2021, the new rules relating to employees' sick leave entitlements will come into effect. Employers need to be conscious of how the rules apply depending on when an employee started work because they do not apply to everybody in the same way.
Currently, all employees are entitled to 5 days paid sick leave after their first 6 months of service and a further 5 days paid sick leave 12 months after their first sick leave entitlement accrued. From 24 July 2021, an employee will be entitled to 10 days sick leave after their first 6 months of service and a further 10 days of sick leave 12 months after their first sick leave entitlement accrued.
How the new rules apply to you will depend on when an employee started work
In summary:
- An existing employee who has been employed for longer than 6 months by the time the new rules come into effect will be entitled to 10 days sick leave on their next entitlement date after the rules come into effect;
- An existing employee who has been employed for less than 6 months by the time the new rules come into effect will be entitled to 5 days sick leave after 6 months continuous service and a further 10 days sick leave at their next entitlement date; and
- A new employee who starts work on or after 24 July 2021 will be entitled to 10 days sick leave after 6 months service and a further 10 days at their next entitlement date.
Carrying Over Sick Leave
Currently employees are allowed to carry over a maximum of 15 days of paid sick leave per annum. Under the new rules, the carryover is reduced to a maximum of 10 days per annum. The maximum amount of sick leave an employee can accrue remains at 20 days.
FAQs
Q. Do the new rules apply to part time employees?
A. The new sick leave entitlements apply to all permanent employees, regardless of whether they work full time or part time hours.
Q. Do the new rules affect casual staff?
A. Casual employees are generally not entitled to sick leave. The new rules do not change that.
If you have any questions about how the new rules apply to your business, please get in touch with our Employment Law Team.
