on a day or part-day that is a public holiday.It is up to each employer and employee to agree on when and for how long annual leave can be taken. The employer must not unreasonably refuse an employee’s request to take annual leave.Īn employee isn’t considered to be on annual leave in the following circumstances: It also does not have to be taken each year. There is no maximum or minimum period of annual leave that can be taken. When can annual leave be taken?Īnnual leave can be taken as soon as it is accumulated. they regularly work on Sundays and public holidays.Īwards and registered agreements can provide additional annual leave entitlements on top of the NES.Īward and agreement-free employees can agree with their employer to purchase extra annual leave in exchange for forgoing an equal amount of pay.they are regularly rostered to work those shifts.they are employed in an enterprise where shifts are continuously rostered 24 hours a day for 7 days a week.This is the case if an award or registered agreement applies to the employee, and defines or describes the employee as a shiftworker for the purposes of the NES.Īn award and agreement-free employee can also qualify for the shiftworker entitlement to 5 weeks of annual leave if all of the following apply:
for a period of annual leave that has been cashed out.Īn employee classified as a ‘shiftworker’ is entitled to 5 weeks of paid annual leave.if an employee is taking unpaid leave from their employer while being paid by the Paid Parental Leave Scheme.on unpaid leave (unless it is provided for in an award or registered agreement).a stand down under section 524 of the Fair Work Act, an applicable enterprise agreement or the employee’s contract of employment.Īnnual leave will not accumulate in some circumstances, for example:.unpaid leave that counts towards annual leave accrual, such as community service leave (including jury service).paid leave such as paid annual leave and paid sick/carer’s leave.Annual leave continues to accumulate when an employee in on: An employee’s entitlement to annual leave accumulates continuously based on the number of ordinary hours they work. What are the minimum entitlements to annual leave?Īn employee (other than a casual employee) accumulates 4 weeks of paid annual leave for each year of service with the employer. The NES also set out what happens with annual leave when there is a transfer of employment, and the arrangements that apply to the cashing out of annual leave. The NES establish the minimum entitlements to annual leave, how and when annual leave can be taken, and the pay rate employees should receive. An award, employment contract, enterprise agreement or other registered agreement can’t provide for conditions that are less than the NES or exclude the NES. The NES apply to all employees covered by the national workplace relations system. Annual Leave and the National Employment StandardsĪnnual leave forms part of the National Employment Standards (NES).What payments are required when annual leave is taken?.What are the minimum entitlements to annual leave?.Read our fact sheet on annual leave On this page: Aboriginal & Torres Strait Islander peoples.Check or calculate notice or redundancy.Bullying, sexual harassment & discrimination at work.Allowances, penalty rates & other payments.
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