Leave entitlements are various forms of leave employees are entitled to under the NES, awards, agreements, and state legislation.
Legislation: Fair Work Act 2009 Part 2-2; State Legislation | Category: Leave
What is Leave Entitlements?
Leave entitlements are the various forms of leave that employees are entitled to under the National Employment Standards, Modern Awards, enterprise agreements, state legislation, and employment contracts. The NES provides for annual leave, personal/carer’s leave, compassionate leave, parental leave, family and domestic violence leave, community service leave, and long service leave (where no state law applies).
Most NES leave entitlements apply to all national system employees, though some (like annual leave and personal leave) do not apply to casual employees. Awards and agreements may provide additional or enhanced leave entitlements.
Key Compliance Points for Employers
- Leave accrual and balances must be recorded and provided on payslips
- Different types of leave have different evidence requirements (e.g., medical certificates for personal leave)
- Some leave can be taken in advance of accrual if employer agrees
- Unused annual leave and long service leave must be paid out on termination
- Public holidays are separate from annual leave — employees on leave during a public holiday don’t lose a leave day
Frequently Asked Questions
What is Leave Entitlements?
Leave entitlements are various forms of leave employees are entitled to under the NES, awards, agreements, and state legislation.
Why is Leave Entitlements important for employers?
Understanding leave entitlements helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
