A majority High Court has upheld the appeal and overturned the ruling handed down by the Full Federal Court in August 2019. This now means that employers can revert to the historic way of calculating personal/carer’s leave: full-time employees are entitled to 10 days per annum and part-time employees receive a pro-rated amount based on their ordinary hours of work.
The Full Federal Court of Australia handed down a decision on 21 August 2019 that dealt with the accumulation of Personal/Carer’s leave (also known as Sick Leave). Full-time and part-time employees are now eligible for 10 working days of paid Personal/Carer’s leave for each year of service. This means that the annual amount of Personal/Carer’s leave received by part-time employees is no longer pro-rated based on ordinary hours worked.