Australia's National Employment Standards (NES) outline the minimum leave entitlements for employees. These standards ensure that all Australian employees have access to a baseline level of paid and unpaid leave, promoting work-life balance and employee well-being. Understanding these entitlements is crucial for employers to ensure compliance and for employees to know their rights.
Navigating the complexities of Australian leave entitlements can be challenging, especially for businesses operating across different states and territories. Each type of leave has specific eligibility criteria, accrual rates, and conditions that must be met. This guide provides a comprehensive overview of the various leave entitlements in Australia, including annual leave, public holidays, sick leave, parental leave, and other types of leave, as of 2025.
Annual Vacation Leave
Full-time and part-time employees in Australia are entitled to paid annual leave, which accrues based on their ordinary hours of work. The NES stipulates a minimum of four weeks of paid annual leave per year. Some industries or employment agreements may provide for additional annual leave.
- Accrual: Employees accrue annual leave progressively throughout the year.
- Payment: Annual leave is paid at the employee's base rate of pay.
- Taking Leave: Employers and employees must agree on when annual leave is taken. Employers cannot unreasonably refuse an employee's request for annual leave.
- Cashing Out: In some circumstances, employees may be able to cash out a portion of their accrued annual leave, provided certain conditions are met, and it is permitted by an applicable award or agreement.
- Leave Loading: Some employees may also be entitled to annual leave loading, which is an additional payment on top of their base rate of pay while on annual leave. This is often specified in awards or agreements.
Public Holidays
Australia observes a number of public holidays each year, which may vary slightly between states and territories. Employees are generally entitled to be absent from work on a public holiday, with payment at their base rate.
Here is a list of national public holidays in Australia for 2025:
| Holiday | Date |
|---|---|
| New Year's Day | January 1 |
| Australia Day | January 26 |
| Good Friday | April 18 |
| Easter Monday | April 21 |
| Anzac Day | April 25 |
| Queen's Birthday | June 9 |
| Labour Day | October 6 |
| Christmas Day | December 25 |
| Boxing Day | December 26 |
- Substitution: In some cases, an employer and employee may agree to substitute a public holiday for another day.
- Working on Public Holidays: If an employee works on a public holiday, they are generally entitled to a higher rate of pay, as specified in their award or agreement.
Sick Leave
Employees in Australia are entitled to paid sick leave, also known as personal/carer's leave, which can be used for their own illness or injury, or to care for a family member who is sick or injured.
- Entitlement: Full-time employees are entitled to a minimum of 10 days of paid sick leave per year. Part-time employees accrue sick leave on a pro-rata basis.
- Accrual: Sick leave accrues progressively throughout the year.
- Payment: Sick leave is paid at the employee's base rate of pay.
- Evidence: Employers may require employees to provide evidence, such as a medical certificate, to support their claim for sick leave.
- Unpaid Carer's Leave: Employees are also entitled to two days of unpaid carer's leave for each permissible occasion.
Parental Leave
Australian employees are entitled to parental leave when a child is born or adopted. This includes maternity leave for mothers, paternity leave for fathers or partners, and adoption leave.
- Maternity Leave: Eligible employees are entitled to up to 12 months of unpaid maternity leave. They can also request an additional 12 months of unpaid leave.
- Paternity/Partner Leave: Eligible employees are entitled to up to 12 months of unpaid paternity or partner leave. They can also request an additional 12 months of unpaid leave.
- Adoption Leave: Eligible employees are entitled to up to 12 months of unpaid adoption leave when they adopt a child. They can also request an additional 12 months of unpaid leave.
- Paid Parental Leave: The Australian Government provides a Paid Parental Leave scheme, which provides eligible parents with up to 20 weeks of paid leave at the national minimum wage. This payment can be shared between eligible parents.
- Eligibility: To be eligible for unpaid parental leave, an employee must have completed at least 12 months of continuous service with their employer.
Other Types of Leave
In addition to the standard leave entitlements, employees in Australia may also be entitled to other types of leave, depending on their circumstances and the terms of their employment.
- Bereavement Leave: Employees are entitled to two days of paid bereavement leave (also known as compassionate leave) for each permissible occasion when a member of their immediate family or household dies.
- Long Service Leave: Employees who have worked continuously for the same employer for a long period (typically 7-10 years, depending on the state or territory) are entitled to long service leave.
- Community Service Leave: Employees are entitled to unpaid leave for jury duty or other community service activities.
- Study Leave: Some employers may offer study leave to employees to undertake further education or training. This may be paid or unpaid, depending on the employer's policy.
- Sabbatical Leave: Sabbatical leave is a period of extended leave, typically unpaid, that employees may be granted for personal or professional development. This is not a statutory entitlement and is at the discretion of the employer.
- Family and Domestic Violence Leave: Employees are entitled to 5 days of unpaid family and domestic violence leave per year.
