Types of Leave

Posted 26 May

Leave Entitlements

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The below table below shows leave types available to Australian employees as per the Fair Work Act 2009.  

Leave Type  
Is it Paid Leave?*
Entitlement.  
Additional Information.
Annual.
Yes.
Four weeks per year (pro-rata for part-time employees) or five weeks per year for certain shift workers. 

Rolls over year to year. 
1 ordinary hour worked = 0.0769 hours of annual leave accrued.**

All Employees are entitled to be paid out their accrued annual leave (including any leave loading) on termination of employment (irrespective of what the Award states). 
Personal/Carer’s
(aka Sick).
Yes.
10 days per year (pro rata for part-time employees). 

Rolls over year to year. 
1 ordinary hour worked = 0.0384 hours of sick/carer’s leave accrued**

Generally an employee’s personal carer’s leave balance is not paid out on termination of employment, however, this is not always the case subject to the applicable Modern Award or Enterprise Agreement.  
Parental. 
A portion of the leave is paid by the Dept of Human Services. 

Subject to any existing Company policy. 
After a qualifying period of 12 months, the primary caregiver can request an initial period of up to 12 months off work following the birth or adoption of a child. 

A further period of up to 12 months can also be requested. 
May apply to casual employees with 12 months service. 

An additional two weeks of paid leave is available to employees as of 1 July 2024. By 2026 employees will be entitled to 26 weeks of paid leave. 
 
May be paid through your payroll and reimbursed by the Dept of Human Services. 
Dad and Partner.
Yes, by the Dept of Human Services. 
Two weeks unpaid leave following the birth or adoption of a child. 
Paid by the Dept of Human Services. The employee is required to take leave without pay for this period. 
Compassionate/
Bereavement. 
Yes.
Two days per instance of an immediate family member or member of the household suffering  a serious illness/injury or passing away. 
You can ask for evidence to support the need for compassionate leave. Evidence could be in the form of a medical certificate, a death certificate or a funeral notice for example. 
Community Service. 
No.
No limit - in the event of an emergency if the employee is a member of an emergency service they are entitled to take time off to assist that service. 
For example volunteer firefighters during a bush fire or military reservists. Jury service is considered community service leave also however, a portion of this time is paid (see below). 
Jury Duty. 
In Part. 
Full and part-time employees receive make up pay for the first 10 days. 
Specific details vary subject to the state or territory. 
Paid Family and Domestic Violence. 
Yes.
10 days per 12 month period. 
Applies to casual employees. 

Employees should receive the exact pay they would have received if they had been at work. 

Payslips and records should not give any indication that the employee has accessed this leave. This could pose a significant safety risk. 


*Permanent Employees Only (as a general rule casual employees do not receive paid leave - parental and family and domestic violence leave excepted). 

**Part-time Employees not covered by an Award or an Agreement working irregular hours calculate the ordinary hours on which annual leave and sick/carer’s leave accrues by averaging the number of hours over each four week period.

Note: EzieR recommends seeking professional or legal advice if you are unsure about your employees leave entitlements. 

Let EzieR make understanding leave entitlements easier for you. Contact us today! 



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