Understanding leave entitlements is vital for both employees and employers as it establishes a framework for balancing work commitments and personal needs. For employees, knowing their rights to various types of leave—such as annual leave, sick leave, parental leave, and domestic violence leave—ensures they can take necessary time off without fear of repercussions. For employers, staying informed about these entitlements is crucial for fostering a supportive work environment and ensuring compliance with Fair Work legislation. This awareness not only promotes employee well-being and satisfaction but also helps organisations maintain a positive workplace culture and avoid unfair dismissal or general protections claims.

Leave Notification Procedures

Employees may be required to apply for leave in accordance with a company’s leave notification procedure. In most cases, it may be required to clarify the reason for the leave and ensure it is categorised under the correct type, such as annual, personal or compassionate leave. Clear communication between the employee and employer ensures smooth planning and the management of workloads.

Types of Leave

Annual Leave

Annual leave allows employees to take paid time off from work for rest and recreation. Under the National Employment Standards (NES), full time employees in Australia are entitled to 4 weeks of paid annual leave per year (pro rata for part time employees). Depending on the agreement between an employee and employer, this leave can be taken in large blocks at a time, or in smaller increments throughout the year.

Unused annual leave accumulates and carries over to the next year. It is important to note that employers cannot force employees to take annual leave although some enterprise agreements or modern awards may allow employers to direct employees to take leave in certain circumstances such as during business shut down period or if there is an excessive amount of annual leave accrued by an employee.

Family and Domestic Violence Leave

A significant update in Australian leave entitlements is the introduction of 10 days of paid family and domestic violence leave, applicable to full-time, part-time and casual employees. This leave aims to support individuals experiencing domestic or family violence by providing time to address safety concerns, attend court hearings, or seek medical or legal assistance. Employees are entitled to 10 days at the start of each year, which resets on their work anniversary and does not accumulate from year to year. Employers may request documentation to support the leave application, such as court orders or police reports, but it is important that this process remains sensitive to the employee’s situation (e.g. family and domestic violence leave should not be labelled on an employee’s pay slip).

Personal/Carer’s (Sick) Leave

Personal or carer’s leave allows employees to take time off for illness, injury, or to care for an immediate family or household member. Full-time employees are entitled to 10 days of paid personal/carer’s leave per year, which accrues based on hours worked. Employers may request evidence, such as a medical certificate or statutory declaration, to confirm that the leave was taken for legitimate reasons. This applies even for absences shorter than a day. If employee fails to provide requested evidence, they may not be entitled to paid leave. While there are no strict rules about the form of evidence, it must be reasonable enough to convince the employer that the leave was warranted. It is important to note that the employers cannot contact employee’s doctor directly for further information unless an employee provides express consent.

Compassionate / Bereavement Leave

Employees are entitled to a minimum of two days of compassionate leave when a close family member experiences a life-threatening illness, injury, or passes away. This leave is paid for full time and part time employees. The purpose of this leave is to allow the employee time to grieve and attend to any urgent matters related to the event. An employer may request reasonable supporting evidence.

Parental Leave

Employers can choose to provide paid parental leave through employment contracts or enterprise agreements, but they are not legally obligated to do so. However, the Australian Government offers eligible employees up to 22 weeks of Parental Leave Pay, calculated at the National Minimum Wage of $24.10 per hour. Services Australia manages this payment, and as an employer, your primary responsibility is to maintain accurate records. All employees are entitled to unpaid parental leave if they have worked at a Company for at least 12 months before the expected birth or adoption. Casual employees may be eligible if they have worked regular and systematic hours for at least 12 month (6 months for large businesses) and have a reasonable expectation of continuing employment if it had not been for the expected birth or adoption.

Community service leave

Community service leave applies when employees participate in certain community activities, such as jury duty or volunteering for emergency management activities. Employees are entitled to paid leave for jury duty for up to 10 days, after which any additional days are unpaid. For emergency services, leave is typically unpaid, but there is no limit on the duration of leave for activities like firefighting or rescue work.

Long service leave

Long service leave allows employees to take paid time off after a significant period of continuous service, typically 10 years. The entitlements vary by state and territory but generally range from 8 to 13 weeks of paid leave. This leave rewards long-term employees and offers them extended time to rest and recharge after years of service. In some cases, employees may have access to a pro rata amount of their long service leave entitlement should they resign, or leave due to incapacity, or other pressing necessity.

Please don’t hesitate to reach out to your Workplace Relations experts for any questions on leave entitlements by calling the Employer Assist Line on 1300 277 88.