Australia's employment framework, primarily governed by the National Employment Standards (NES) under the Fair Work Act 2009, provides employees with a range of minimum leave entitlements. These standards ensure that full-time and part-time employees accrue and can access various types of leave, including annual leave, personal/carer's leave, and parental leave, offering important protections and work-life balance. Casual employees generally have different entitlements, typically receiving a loading on their pay instead of paid leave.
Understanding these minimum entitlements is crucial for employers operating in Australia, as they form the baseline for all employment contracts, awards, and enterprise agreements. While awards and agreements may provide more generous conditions, they cannot offer less than the NES minimums. Managing these leave types correctly is essential for compliance and maintaining positive employee relations.
Annual Leave
Full-time and part-time employees in Australia are entitled to paid annual leave, which allows them to take time off work for rest and recreation. This leave accrues progressively throughout the year based on the employee's ordinary hours of work.
- Minimum Entitlement: Full-time employees are entitled to 4 weeks of paid annual leave per year. Part-time employees receive a pro-rata entitlement based on their hours.
- Accrual: Leave accrues continuously and accumulates from year to year if not taken.
- Taking Leave: Employees can take annual leave when agreed upon with their employer. Employers cannot unreasonably refuse a request for leave.
- Payment: Employees must be paid their base rate of pay for their ordinary hours during annual leave. Award or agreement provisions may require payment of leave loading (typically 17.5%) in addition to base pay.
- Cashing Out: Annual leave can only be cashed out if an award or agreement allows it, and specific conditions under the Fair Work Act are met.
Public Holidays and Observances
Employees are entitled to be absent from work on public holidays without loss of pay, provided the day would otherwise be a working day for them.
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National Public Holidays 2025:
- New Year's Day: Wednesday, 1 January
- Australia Day: Monday, 27 January (observed)
- Good Friday: Friday, 18 April
- Easter Saturday: Saturday, 19 April
- Easter Sunday: Sunday, 20 April
- Easter Monday: Monday, 21 April
- ANZAC Day: Friday, 25 April
- Christmas Day: Thursday, 25 December
- Boxing Day: Friday, 26 December
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State and Territory Variations: In addition to national holidays, each state and territory has its own public holidays. These can include Labour Day, Queen's Birthday (King's Birthday from 2023), and other local holidays. Specific dates for these vary by jurisdiction.
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Working on Public Holidays: If an employee works on a public holiday, they are typically entitled to penalty rates as specified in their award or agreement. An employer can request an employee work on a public holiday, but the employee can refuse if the request is unreasonable.
Sick Leave Policies and Pay
Paid sick leave, officially known as personal/carer's leave under the NES, allows employees to take time off when they are ill or injured (personal leave) or when they need to care for an immediate family or household member who is ill, injured, or affected by an unexpected emergency (carer's leave).
- Minimum Entitlement: Full-time employees are entitled to 10 days of paid personal/carer's leave per year. Part-time employees receive a pro-rata entitlement.
- Accrual: This leave accrues progressively and accumulates from year to year.
- Taking Leave: Employees must notify their employer as soon as practicable of their absence and the reason. They must also provide evidence (like a medical certificate) if requested by the employer.
- Payment: Employees are paid their base rate of pay for their ordinary hours during personal/carer's leave.
- Unpaid Carer's Leave: Employees are also entitled to 2 days of unpaid carer's leave per occasion if they have used up their paid personal/carer's leave entitlement.
- Compassionate Leave: Employees are entitled to 2 days of paid compassionate leave (also called bereavement leave) per occasion when an immediate family or household member dies or suffers a life-threatening illness or injury. This is a separate entitlement from personal/carer's leave.
Here is a summary of key personal/carer's and compassionate leave entitlements:
| Leave Type | Entitlement (Full-time) | Accrual | Payment Basis | Notes |
|---|---|---|---|---|
| Personal/Carer's Leave | 10 days per year | Yes | Base rate of pay | Pro-rata for part-time; requires notice/evidence |
| Unpaid Carer's Leave | 2 days per occasion | No | Unpaid | When paid leave is exhausted |
| Compassionate Leave | 2 days per occasion | No | Base rate of pay | For death/life-threatening illness of family/household member |
Parental Leave
The NES provides employees with an entitlement to unpaid parental leave. In addition, eligible employees may be entitled to payments under the Australian Government's Paid Parental Leave scheme.
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Unpaid Parental Leave (NES):
- Entitlement: Employees are entitled to 12 months of unpaid parental leave. They can also request an additional 12 months of unpaid leave.
- Eligibility: Available to employees who have completed at least 12 months of continuous service with their employer immediately before the date the leave starts. This applies to employees who are pregnant, or who are the partner of a pregnant person, or who are adopting a child.
- Concurrent Leave: Partners can take up to 8 weeks of their unpaid parental leave at the same time.
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Paid Parental Leave (Government Scheme):
- This is a government-funded payment, not an employer-funded leave entitlement under the NES.
- Eligibility: Requires meeting residency and work tests.
- Payment: Paid at the National Minimum Wage rate.
- Duration: As of July 2024, the scheme provides up to 110 days (20 weeks) of payments, which can be shared between eligible parents. This is set to increase to 132 days (24 weeks) from 1 July 2025 and 156 days (26 weeks) from 1 July 2026.
- Employer Role: Employers may be required to provide the government-funded payments to their eligible employees and may need to manage the interaction between unpaid NES leave and the government payment period.
Other Types of Leave
Beyond the core entitlements, the NES and various awards/agreements provide for other types of leave.
- Long Service Leave: An entitlement based on long periods of continuous service with the same employer. The rules vary significantly depending on the state or territory where the employee works and the relevant award or agreement. Generally, it accrues after 7 to 15 years of service.
- Community Service Leave: This covers leave for activities such as jury duty (which is paid by the employer for the first 10 days, then by the government) and voluntary emergency management activities (like fighting bushfires).
- Family and Domestic Violence Leave: Employees are entitled to 10 days of paid family and domestic violence leave per year. This is a separate entitlement that renews each year and does not accumulate.
- Study Leave/Sabbatical: These are not minimum entitlements under the NES but may be provided for in modern awards, enterprise agreements, or individual employment contracts. Entitlements vary widely depending on the specific terms.
