Leave and annual leave rights (NES) — worker leave under Fair Work
The statutory minimum leave (NES) that workers in Australia receive — annual leave, personal/carer's leave, parental leave, public holidays and more, organised by employment type.
What is NES leave? An overview
Workers in Australia are protected by statutory minimum standards called the National Employment Standards (NES). The NES are minimum rights that apply to workers in the national workplace relations system, and they include several types of leave. An award, enterprise agreement, or employment contract can provide conditions that are better than the NES, but cannot provide less. In other words, the NES is the minimum floor.
Main types of leave included in the NES
The main types of leave include annual leave, personal/carer's leave, compassionate leave (for a death or serious illness), parental leave, family and domestic violence leave, and public holidays. Separately, long service leave is set by each state and territory's laws rather than by the NES. Whether leave is paid and the number of days depend on your employment type.
How to apply for and process leave
The way you apply for and give notice of leave differs by type, but the basic flow is similar. First, check your leave balance, then request and notify your employer in advance, and confirm the approval and that it's reflected in your pay. Annual leave usually needs to be agreed in advance, while personal/carer's leave is a matter of giving notice as soon as possible when you're unwell.
The difference between applying for annual leave and personal leave
Annual leave is usually arranged by agreeing dates with your employer in advance, and your employer cannot unreasonably refuse it without reasonable grounds. Personal/carer's leave is hard to predict, so give notice as soon as possible, and if your employer requests it you may need to provide evidence such as a doctor's certificate.
- Check the accrued annual leave and personal leave balances on your payslip or HR system
- Request and notify your leave dates and reason in advance, in writing (such as by email)
- Check the approval details and the pay and balance deduction on your payslip after your leave
⚠ The specific notice deadlines and evidence requirements vary depending on the award or enterprise agreement that applies to you. If you're unsure, check your award first with the Fair Work Ombudsman.
Who gets which leave (eligibility)
The leave you can receive largely depends on your employment type. Full-time and part-time workers accrue paid leave, while casuals have no paid annual leave or personal leave but instead receive a casual loading. Some leave, such as parental leave, has a minimum length-of-service requirement.
- Full-time / part-time: paid annual leave and paid personal/carer's leave accrue according to hours worked (in proportion)
- Casual: no paid annual leave or personal leave → instead a casual loading (usually 25%) + access to unpaid carer's/compassionate and paid family and domestic violence leave
- Parental leave (unpaid): for workers who have generally been continuously employed for 12 months or more at the time of applying (including casuals who work on a regular and systematic basis)
⚠ The exact eligibility and accrual calculation based on length of service and hours worked vary depending on your individual situation and your award/agreement. Check your own situation with the Fair Work Ombudsman or a professional.
The four types of leave
We've summarised the four most commonly used types of leave. The number of days and whether the leave is paid are the NES minimum standards; an award/enterprise agreement may provide better conditions.
Full-time 4 weeks per year (5 weeks for certain shift workers), part-time in proportion. It accrues and carries over gradually, and any unused portion is paid out when you leave. Not applicable to casuals.
Full-time 10 days paid per year (part-time in proportion). Used for your own illness or injury, or to care for a member of your family or household. It carries over, but is generally not paid out when you leave.
Up to 12 months unpaid for the birth or adoption of a child, with the option to request an extra 12-month extension. You must meet the eligibility requirements. The government Parental Leave Pay is applied for separately through Services Australia.
2 days of compassionate leave per occasion for the death or serious illness of a family member, and 10 days of paid leave per year for family and domestic violence reasons (all employment types). The right to be absent on a public holiday and be paid is also included in the NES.
Leave checklist
To avoid missing out on your rights, make a habit of checking the following items.
- Check on every payslip that your annual leave and personal leave balances are accruing correctly
- Know the name of the award or enterprise agreement that applies to you
- Apply for annual leave in advance and keep a written record of the approval
- When you're unwell, give notice as soon as possible and prepare a doctor's certificate if needed
- When you leave, check the unused annual leave payout on your final payslip
Common misconceptions and mistakes
This is where many workers get confused. Knowing it in advance can save you from losing out.
- Misconception: 'Casuals also have paid annual leave' → No. Casuals have no paid annual leave or personal leave, and receive a loading instead.
- Misconception: 'Personal leave (sick leave) is also paid out as money when I leave' → Unused personal/carer's leave is generally not paid out (annual leave is).
- Misconception: 'Long service leave is the same nationwide' → It's set by each state and territory's laws, so the conditions differ. Check based on the state where you live.
- Mistake: Handling leave applications and approvals verbally only → Keep written and email records in case of a dispute.
- Mistake: Missing accrual or non-payment errors by not checking your payslip → Regularly review your balance and payment details.
Useful official links
- Fair Work Ombudsman(opens in a new window)
Fair Work Ombudsman — official guidance and support on worker rights, leave, and minimum standards
- Fair Work — Leave (NES 휴가)(opens in a new window)
Fair Work — detailed guidance page on NES leave overall (annual leave, personal leave, etc.)
- Fair Work — Long service leave(opens in a new window)
Fair Work — long service leave and links to state-by-state guidance
- Fair Work Commission(opens in a new window)
Fair Work Commission — search awards and enterprise agreements, and the dispute-resolution body
- Services Australia — Parental Leave Pay(opens in a new window)
Services Australia — guidance on eligibility and applying for the government Parental Leave Pay
Frequently Asked Questions
Do casual (temporary) workers also get paid annual leave?▾
No. Casual workers do not get paid annual leave or paid personal/carer's leave. Instead, they usually receive an extra casual loading of 25% on their hourly rate, and can access unpaid carer's leave, unpaid compassionate leave, unpaid parental leave (if they meet the conditions), and paid family and domestic violence leave. Check your own award/agreement and the Fair Work Ombudsman for the exact loading and conditions.
How much annual leave do I accrue?▾
Full-time workers accrue 4 weeks of paid annual leave per year (based on ordinary weekly hours), and certain shift workers accrue 5 weeks. Part-time workers accrue it in proportion to their hours worked. Annual leave builds up gradually over your period of employment and, if it is not used, carries over to the next year.
What happens to unused annual leave when I resign?▾
Any accrued, unused annual leave is paid out to you when you leave your job. However, unused personal/carer's leave is generally not paid out. The way it is calculated can differ depending on your award/agreement, so check your final payslip and the Fair Work Ombudsman.
How many days of personal/carer's leave are there?▾
Full-time workers accrue 10 days of paid personal/carer's leave per year (part-time in proportion). It can be used for your own illness or injury, or to care for a member of your family or household, and it carries over if it is not used. If you have used up all your paid leave or you are a casual, you can take 2 days of unpaid carer's leave per occasion.
What about long service leave?▾
Long service leave is not part of the NES; it is set by the laws of each state and territory, so the conditions differ from region to region. It generally accrues when you work continuously for one employer over a long period (for example, 7 to 10 years). Check the resources of the state government where you live and the Fair Work Ombudsman for the exact qualifying period and rate.
Do I get paid if I take a public holiday off?▾
If a public holiday falls on a day you would normally have worked, you are entitled to be absent that day and be paid your base rate. Your employer can make a reasonable request for you to work, and you can also refuse on reasonable grounds. Penalty rates for working on a public holiday vary by award/agreement, so check your own conditions.
Is there also family and domestic violence leave?▾
Yes. You can take 10 days of paid family and domestic violence leave per year for reasons related to family or domestic violence, and it applies to all full-time, part-time and casual workers. This leave renews every year and does not carry over. Because it involves sensitive information, applications and records are kept as confidential as possible. Check Fair Work for the detailed conditions.