Your questions answered: Does carer’s leave have to be taken in Australia?

By Portner Press on March 16th, 2020
  1. Employee Management
  2. Leave Provisions


An employee has put in a request to take carer’s leave to look after his sick mother. However, his mother lives in India and he will be travelling there to care for her.

Does the carer’s leave entitlement still apply, if his mother is not a resident in Australia?


Section 97 of the Fair Work Act provides that an employee may take personal/carer’s leave to provide care or support to a member of the employee’s immediate family/household due to personal illness or injury, or an unexpected emergency.

There is no requirement that the immediate family member must reside in Australia in order for the employee to be entitled to carer’s leave.

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