For many Australians, pets are considered part of the family, and it is common for employers to receive requests from employees seeking time off work to care for a sick or injured pet, attend veterinary appointments, or deal with emergencies involving their animals.
While employers may be sympathetic to these situations, it is important to understand what workplace laws say about an employee’s entitlement to personal/carer’s leave and how these requests should be managed.
What does the Fair Work Act say about pets and personal leave?
Under the Fair Work Act 2009, employees are entitled to take paid personal/carer’s leave when:
- they are unfit for work because of their own personal illness or injury; or
- they need to provide care or support to a member of their immediate family or household because of an illness, injury or unexpected emergency.
The legislation specifically refers to caring for people, not animals.
As a result, an employee is generally not entitled to access personal/carer’s leave solely to care for a sick or injured pet.
Is a pet considered a member of the household?
Although pets live in the household, they are not considered members of the household for the purposes of personal/carer’s leave entitlements under the Fair Work Act.
The entitlement is intended to allow employees to care for family or household members who are people, such as a spouse, child, parent, sibling or another person residing in the household.
Accordingly, an employee who requests personal/carer’s leave because their dog requires surgery or their cat is unwell would not ordinarily meet the legislative requirements for accessing that leave.
Can employers refuse a leave request to care for a pet?
Where an employee seeks to access personal/carer’s leave solely to care for a pet, an employer may lawfully decline the request on the basis that the leave entitlement does not apply.
However, before refusing the request outright, employers should consider whether alternative arrangements may be appropriate.
For example, employers may choose to approve:
- annual leave;
- time off in lieu (where applicable);
- accrued rostered days off;
- leave without pay;
- flexible working arrangements; or
- temporary adjustments to working hours.
While there is generally no obligation to provide these alternatives, they may assist in balancing operational requirements with employee wellbeing and engagement.
Exercising discretion
Many employers recognise the important role pets play in employees’ lives and may wish to adopt a compassionate approach in appropriate circumstances.
For example, an employee may be dealing with:
- a veterinary emergency;
- the euthanasia of a long-term pet; or
- urgent arrangements following an accident involving their animal.
In these situations, an employer may decide to exercise discretion by approving another form of leave or allowing flexibility in work arrangements.
If discretionary arrangements are provided, employers should ensure they are applied consistently and fairly to minimise perceptions of favouritism or unequal treatment.
What about mental health impacts?
In some circumstances, the illness, injury or loss of a pet may have a significant impact on an employee’s mental health.
If an employee is genuinely unfit for work because of their own illness or injury, including a psychological condition, they may be entitled to access personal leave based on their own incapacity for work.
Importantly, the leave in this situation is not being taken to care for the pet. Rather, it is being taken because the employee is suffering their own illness or injury that prevents them from working.
As with any personal leave request, employers may request evidence that would satisfy a reasonable person that the employee is entitled to the leave.
Reviewing workplace policies
Employers may wish to review leave and flexibility policies to ensure they clearly explain:
- when personal/carer’s leave can be accessed;
- what evidence may be required;
- alternative leave options that may be available; and
- how discretionary requests will be considered.
Clear policies can help managers respond consistently while reducing the risk of misunderstandings regarding employee entitlements.
How can Business Chamber Queensland help?
Employees are generally not entitled to use personal/carer’s leave simply to care for a sick or injured pet. However, employers may wish to approve alternative forms of leave or flexible working arrangements where operationally feasible. Business Chamber Queensland can help businesses with understanding the distinction between legal entitlements and discretionary arrangements. Our Workplace Advisory Team can ensure compliance with workplace laws while maintaining a supportive and compassionate workplace culture.
