s96-101: ss 96 to 101 Provide 10 days' paid personal/carer's leave a year, paid at the base rate
Each non-casual employee accrues 10 days of paid personal/carer's leave per year of service, progressively on ordinary hours and cumulative, to take when unfit for work because of personal illness or injury, or to care for or support an immediate family or household member who is ill, injured or affected by an unexpected emergency; the employer pays the base rate for ordinary hours taken. A public holiday or paid family and domestic violence leave within the period is not counted. Cashing out is only under award or agreement terms that keep at least 15 days' balance, by separate written agreement, at the full value.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s96-101. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Payroll accrual configuration for personal/carer's leave; Leave records with type (personal or carer's), dates and payment; Cashing-out agreements, if any, showing at least 15 days remaining
What usually goes missing
Leave counted in days for part-time staff instead of pro rata hours; Carer's leave refused for household members who are not relatives; Balances reset each year
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.