Leave entitlements in Australia: annual leave, sick leave and carer's leave explained
The National Employment Standards set the floor
The National Employment Standards (NES) are the minimum conditions that apply to all employees covered by the Fair Work Act — the vast majority of Australian employees. Awards, enterprise agreements or individual contracts can provide more than the NES minimums, but never less.
Annual leave
Entitlement:
- Full-time employees: 4 weeks (20 working days) per year
- Shiftworkers on continuous rotating rosters: 5 weeks
- Part-time employees: leave accrues pro rata based on hours worked
How it accrues: Annual leave accumulates progressively from your first day — you do not need to wait 12 months before you can use it.
Pay during leave: Your ordinary pay rate. Some awards include a 17.5% leave loading on top — check your award or enterprise agreement.
Unused leave on termination: All accrued but unused annual leave is paid out in cash when your employment ends.
Can an employer refuse leave? An employer can direct you to take leave at a specific time (e.g., a Christmas shutdown) with appropriate notice. They cannot unreasonably refuse a leave request when you have sufficient accrual.
Personal/carer’s leave (commonly called sick leave)
Entitlement:
- Full-time employees: 10 days per year
- Part-time employees: pro rata based on hours worked
- Carries over indefinitely — unused days accumulate year to year
You can use it when:
- You are ill or injured
- A member of your immediate family or household needs care or support (illness, injury, or emergency)
- A family member has an unexpected care need
Can an employer ask for evidence? Yes — most employers can require a medical certificate or statutory declaration for absences longer than 2 consecutive days, or according to their policy.
On termination: Personal/carer’s leave is not paid out when you leave a job — unlike annual leave.
Compassionate leave
- 2 days per occasion when an immediate family member dies or suffers a life-threatening illness or injury
- Paid leave
- Applies to both full-time and part-time employees
Community service leave
Employees are entitled to time off for community service activities:
- Jury duty: Paid according to relevant provisions
- Voluntary emergency management (SES, CFA, RFS): Unpaid by the employer, but some government schemes offer supplementary pay
Long service leave
After a long period of continuous service with one employer, employees are entitled to long service leave. Entitlements vary by state:
- NSW: 2 months after 10 years of service
- VIC: 6 weeks after 7 years
Long service leave is paid and may be cashed out on termination in some states, depending on how long you have served.
If you have a dispute about leave
Contact the Fair Work Infoline on 13 13 94 — free advice on leave entitlements, disputes and how to make a complaint against an employer.