Clarifying Personal Leave

The National Employment Standards provide that an employee may take paid personal/carer's leave if the leave is taken because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee.

A question often asked is: What if they are not fit because of elective medical treatment, e.g. cosmetic surgery? 

This question was clarified by Commissioner Hunt of the Fair Work Commission in Australian Workers’ Union v Cement Australia Pty Limited T/A Cement Australia [2025] FWC 137 (15 January 2025) when she said:

“…Their entitlement to paid sick leave for elective cosmetic surgery is no different than their entitlement to paid sick leave if they have a burst appendix. If medical certificates are produced declaring the employee to be too ill to attend for work, they are entitled to be absent from the workplace…”

Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au