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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: Are employees entitled to public holiday pay while they are on unpaid leave?

Leave Provisions

Q Is an employer required to pay an employee for a public holiday when the employee is on leave without pay or unpaid parental leave? A Only employees who normally work on a day upon which a public holiday falls […]

By Portner Press on September 11th, 2019

Your questions answered: Is an employee entitled to public holiday if they are beginning a leave period on the following day?

Leave Provisions

Q I have an employee who is starting a period of unpaid parental leave on a Tuesday, the day after a public holiday on the Monday. Is he entitled to be paid for the public holiday even though he does […]

By Portner Press on September 9th, 2019

Your questions answered: Can employees take leave on another religious day instead of Christmas Day?

Leave Provisions

Q Is it possible, from an employment law perspective, for an employee to choose to work on a public holiday, e.g. Christmas Day, Easter Friday, then swap that paid public holiday day to take leave on a cultural or religious […]

By Portner Press on September 4th, 2019

Your questions answered: Is an employee entitled to take 6 months’ leave?

Leave Provisions

Q Our employee has requested leave for 6 months. The employee wants to use a combination of accrued annual leave and long service leave entitlements. Is our business legally obliged to accept the employee’s request for extended leave? A There […]

By Portner Press on August 19th, 2019

Your questions answered: Do part-time employees accrue annual leave on overtime work?

Leave Provisions

Q We have a number of part-timers who occasionally work extra hours where needed. For example, one permanent part-timer works 64 hours per fortnight and job shares with a casual worker, who does the other day. Where the casual can’t […]

By Portner Press on August 16th, 2019

Your questions answered: Can employees donate their sick leave to another employee?

Leave Provisions

Q I have an employee who requires heart and lung surgery in the coming weeks. Due to her condition, she is rapidly using her existing sick leave entitlements and will not be able to work until she has recovered. Is […]

By Portner Press on August 14th, 2019

Your questions answered: What happens if we don’t pay long service leave?

Leave Provisions

Q What are the penalties can we be liable for if we don’t pay long service leave? Our company is based in Queensland. A Long service leave entitlements in Queensland are governed by the Industrial Relations Act 2016 (Qld). The […]

By Portner Press on August 12th, 2019

Your questions answered: What can we do if an employee takes unauthorised annual leave?

Leave Provisions

Q An employee has requested leave – with short notice – that their manager cannot approve as there are already three other team members on leave at the same time. The employee has told their manager that they have plans […]

By Portner Press on July 31st, 2019

Your questions answered: Can we stipulate which type of leave our employees can take?

Leave Provisions

Q Can our personal leave policy state that if an employee has run out of paid personal leave entitlements, they are required to take time in lieu or annual leave in the first instance and then personal leave without pay […]

By Portner Press on July 29th, 2019

Your questions answered: Can we challenge an employee’s personal leave claim based on stress caused by work?

Leave Provisions

Q An employee walked off the job in the morning and her husband called our office to inform us that she is unwell due to stress caused by work. She then contacted our payroll department to check her sick leave […]

By Portner Press on July 26th, 2019