Q: If an employee has used up their personal leave due to illness, can they be paid by using their annual leave?

Is an employer required to advise the employee that their sick leave is used up and, if the employee still requires time off due to illness, give the employee the option of using their annual leave? Or can the employer just start paying the employee annual leave?

A: The employee can use annual leave after their personal leave has been exhausted, but this must be at the employee’s election. The employer cannot simply begin deducting annual leave without the employee’s knowledge.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Personal/carer’s leave for current advice.