Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Australia. This article explains Australia’s leave laws, including Annual Leave Sick Leave Carer's Leave Compassionate leave Parental leave Community Service Leave Long Service Leave Domestic and Family Violence Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Annual Leave | 4 weeks per year. | Accrued progressively. | Leave can be carried over. | Unused leave is paid out. | No automatic payout. |
Sick Leave | 10 days per year. | Accrued progressively. | Unused leave carries over. | No payout for unused sick leave. | No payout. |
Carer's Leave | 10 days combined with sick leave. | Accrued with sick leave. | Unused leave carries over. | No payout for unused leave. | No payout. |
Compassionate leave | 2 days per occasion. | Not accrued, granted per occasion. | Not applicable. | No payout. | No payout. |
Parental leave | Up to 12 months unpaid leave. | Not accrued. | Not applicable. | No payout. | No payout. |
Community Service Leave | Varies based on service. | Not accrued. | Not applicable. | No payout | No payout. |
Long Service Leave | Varies by state and length of service. | Accrued over years of service. | Leave can be carried over. | Unused leave is paid out. | No automatic payout. |
Domestic and Family Violence Leave | 10 days paid leave per year. | Available upfront annually. | Cannot be carried over. | No payout. | No payout. |
Full-time and part-time employees are entitled to 4 weeks of paid annual leave per year of service, with additional leave for certain shift workers.
Employees must provide reasonable notice when requesting annual leave, typically agreed upon between the employer and employee.
Employers must consider leave requests but can refuse based on reasonable business grounds.
Additional leave may be negotiated through enterprise agreements or awards.
Annual leave accrues progressively based on ordinary hours worked and is cumulative from year to year.
Unused annual leave can be carried over indefinitely unless specified otherwise in an agreement.
Any accrued but unused annual leave must be paid out at the employee’s base pay rate upon termination.
Annual leave is carried over unless there is an agreement for a payout or the employee requests cashing out.
Employees can cash out annual leave if an award or agreement allows it and both parties agree in writing.
Full-time employees are entitled to 10 days of paid sick leave per year, with part-time employees receiving a pro-rata amount.
Employees must inform their employer as soon as practicable, ideally before the workday starts, and provide reasons for absence.
Pre-approval is not necessary, but employers may request evidence like a medical certificate for absences.
If sick leave entitlements are exhausted, employees may apply for unpaid leave subject to employer approval.
Sick leave accrues progressively based on ordinary hours worked and carries over year to year.
Unused sick leave is cumulative and carries over to the next year.
Unused sick leave is not paid out when employment ends.
Sick leave is intended for use during employment and is not subject to payout at year-end.
Sick leave also covers caring for immediate family or household members who are ill.
Carer’s leave is part of the personal leave entitlement, allowing employees to use their sick leave to care for family members.
Employees must inform their employer promptly and provide reasons for the leave, with supporting evidence if requested
While carer’s leave does not require pre-approval, evidence may be required to validate the need for leave.
If paid carer’s leave is exhausted, employees are entitled to 2 days of unpaid carer’s leave per occasion.
Carer’s leave accrues progressively as part of the combined personal leave entitlement.
Unused carer’s leave is cumulative and carries over to the next year.
Unused carer’s leave is not paid out upon termination.
Carer’s leave is not eligible for end-of-year payout.
Carer’s leave can be used to care for immediate family members or those living in the same household who are ill or in an emergency.
Employees are entitled to 2 days of compassionate leave for each permissible occasion, such as the death or serious illness of a close family member.
Employees must inform their employer as soon as possible, ideally before the leave starts.
Compassionate leave does not require formal approval but must be communicated to the employer promptly.
Additional unpaid leave may be granted based on the employer’s discretion and the severity of the situation.
Compassionate leave is available as needed and does not accrue over time.
Since compassionate leave is tied to specific events, it cannot be carried over.
Compassionate leave is not paid out when employment ends.
Unused compassionate leave is not subject to end-of-year payout.
Employers may request evidence, such as a death certificate or medical documents, to verify the need for compassionate leave.
Eligible employees are entitled to 12 months of unpaid parental leave, with the option to request an additional 12 months.
Employees must provide at least 10 weeks' written notice before the expected start of parental leave.
Parental leave is generally granted as a legal entitlement, but any extensions beyond 12 months require employer approval.
Employees can request an additional 12 months of unpaid parental leave, subject to employer approval.
Parental leave is not accrued but provided as a statutory entitlement following childbirth or adoption.
Parental leave is event-specific and cannot be carried over.
Unutilized parental leave is not paid out upon termination of employment.
Parental leave is unpaid and therefore not subject to end-of-year payout.
Employees are entitled to return to their previous job or an equivalent role after parental leave.
Employees are entitled to unpaid leave for community service activities, such as jury duty or emergency management duties.
Employees should inform their employer as soon as possible about their need for community service leave.
Community service leave is a statutory entitlement and does not require employer approval.
There is no set limit; employees can take as much leave as required for the community service activity.
Community service leave is granted based on the occurrence of eligible activities and does not accrue.
Since this leave is event-specific, it cannot be carried over.
Community service leave is not paid out upon termination of employment.
This leave is unpaid and not subject to end-of-year payout.
Employers must pay employees for the first 10 days of jury duty, after which it becomes unpaid.
Employees are entitled to long service leave after a specified period, typically after 7 to 10 years of continuous service.
Employees should provide reasonable notice when requesting long service leave, usually agreed upon with the employer.
Employers must approve long service leave requests, considering operational needs.
Additional long service leave may accrue with further years of continuous service.
Long service leave accrues based on continuous service, with rates and eligibility varying by state.
Unused long service leave can be carried over and used at a later time.
Accrued long service leave must be paid out upon termination if the employee meets the eligibility criteria.
Long service leave is carried over unless cashed out according to state-specific rules.
Eligibility, accrual rates, and payout conditions differ across Australian states and territories.
Employees are entitled to 10 days of paid family and domestic violence leave per year.
Employees should inform their employer as soon as it is safe and practicable to do so.
While approval is not needed, employers may request evidence of the need for leave.
If paid entitlements are exhausted, employees may request additional unpaid leave.
This leave is available in full at the start of each year and does not accrue over time.
Unused family and domestic violence leave does not carry over to the next year.
Unused family and domestic violence leave is not paid out upon termination.
Unused leave is not eligible for end-of-year payout.
Employers must keep any information about domestic violence leave confidential, except where required by law.
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