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Leave provisions refers to any leave an employee is entitled to under their particular industry’s instrument. In Australia, under instruments such as The Fair Work Act (FW Act) and the National Employment Standards (NES), employees are entitled to:

  • annual leave;
  • parental leave;
  • long service leave;
  • personal/carer’s leave;
  • compassionate leave; and
  • community service leave.

Paid annual leave entitlements for national system employees are governed by the National Employment Standards. For each year of service with his or her employer, an employee is entitled to 4 weeks of paid annual leave. The entitlement to paid annual leave accrues progressively during a year of service according to the employee's ordinary hours of work

Parental leave is an employee’s entitlement to time off work to care for a child. Employees have two types of parental leave entitlements, paid parental leave and unpaid parental leave. The Federal Government’s PPL scheme provides employees with payment for leave for up to 18 weeks at the national minimum wage rate of $694.90 per week.

Long service leave (LSL) is paid leave available to employees who have worked for the same employer over a long period of time (between 7 and 15 years depending on which State or Territory legislation applies).

Personal/carer’s leave refers to:

  • paid leave due to personal illness or injury (personal or sick leave); and
  • paid or unpaid leave to provide care and support to a member of the employee’s immediate family or a member of the employee’s household (carer’s leave).

Whereas compassionate leave is paid leave that an employee is entitled to in the event of the death or serious illness or injury of a member of their immediate family or household.

Community service leave is an entitlement to be absent from employment when engaging in an eligible community service activity such as:

  • a voluntary emergency management activity;
  • jury service, including attendance for jury selection; and

an activity that is of a community service nature prescribed by regulations (as at March 2015, the Fair Work Regulations 2009 (Cth) (FW Regulations) have not prescribed any such activity).

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Top stories for Leave Provisions

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Your questions answered: Can we stop an employee from taking accrued sick leave?

Leave Provisions

What actions are we are able to take given that the employee has a large personal leave balance?

By Portner Press on January 14th, 2019

Your questions answered: Do our employees accrue LSL during parental leave?

Leave Provisions

Q: Does Long Service Leave accrue while an employee is on government paid maternity leave, or while on unpaid maternity leave?

By Portner Press on December 19th, 2018

Your questions answered: Can we make employees take annual leave?

Leave Provisions

Q: If an employee has accrued over 200 hours of annual leave, can we direct them to take that annual leave?

By Portner Press on December 17th, 2018

Your questions answered: What leave entitlements do employees have if they miss their start date?

Leave Provisions

Q: A new employee rang today to advise he is sick and unable to commence on the agreed date. How do we treat this in relation to leave entitlements?

By Portner Press on December 12th, 2018

FWC finds dismissal for accessing pornography at work was unfair

Leave Provisions

The absence of properly drafted workplace policies can be a problem when dismissing an employee for misconduct.

By Portner Press on November 26th, 2018

Your questions answered: Can we reject statutory declarations as evidence for taking sick leave?

Leave Provisions

Q: Can we opt not to accept statuary declarations, pharmacy certificates and e-certificates if it is written in a company leave policy?

By Portner Press on November 19th, 2018

Your questions answered: Can we request that a stressed employee takes personal leave?

Leave Provisions

Q: Can we ask our employee to take personal leave to have some time to rest? How can we respond appropriately to this?

By Portner Press on November 12th, 2018

Your questions answered: A busman’s holiday

Leave Provisions

Q: Are we able to contact employees while they are on leave? When should we avoid making contact?

By Portner Press on November 9th, 2018

Your questions answered: How do we calculate our employee’s long service leave?

Leave Provisions

Q: How do we calculate our employee’s long service leave?

By Portner Press on November 2nd, 2018

Your questions answered: Can leave balances be transferred between our own businesses?

Leave Provisions

Q: Can leave balances be transferred between our own businesses? Are there any other employment/payroll issues to consider as part of this transfer?

By Portner Press on October 29th, 2018