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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: Does carer’s leave cover time spent with a grandmother in palliative care?

Leave Provisions

Q We have an employee who believes he was entitled to use carer’s leave while spending time with his grandmother while she was in palliative care in hospital. He was granted two days of compassionate leave, but ended up taking […]

By Portner Press on November 25th, 2019

Your questions answered: Can we arrange a disciplinary meeting for an employee on leave caring for a dying parent?

Leave Provisions

Q I have an employee on approved leave without pay to care for a dying parent. The employee was subject to a disciplinary issue prior to them commencing leave which has not been resolved to my satisfaction. Can I issue […]

By Portner Press on November 11th, 2019

Your questions answered: Can we freeze an employee’s long service leave pay?

Leave Provisions

Q Is it legal for an employer to freeze an employee’s pay rate after the employee, with long service leave entitlement fails to take leave for more than 12 months? For example, if at the time of entitlement the employee’s […]

By Portner Press on October 30th, 2019

Your questions answered: Can employees be granted parental leave indefinitely?

Leave Provisions

Q What would happen in the following scenario? An employee on parental leave for 12 months requests an extension of her leave to 24 months. During the extended parental leave period, she falls pregnant again and requests to take another […]

By Portner Press on October 23rd, 2019

Your questions answered: Do we have to pay superannuation for paid study leave?

Leave Provisions

Q Does paid study leave attract superannuation? A Yes, paid study leave will attract superannuation. The relevant ATO Superannuation Guarantee Ruling (2009/2) states that salary or wages that an employee receives, at or below their normal rate of pay for […]

By Portner Press on October 18th, 2019

Your questions answered: Can we cash out part of an employee’s annual leave balance?

Leave Provisions

Q We have an employee who has accrued 55 days of annual leave. We wish to pay out 35 days of their annual leave to bring the balance down to 20 days. If the employee agrees, are we allowed to […]

By Portner Press on October 11th, 2019

Your questions answered: Is an employee entitled to receive a car allowance during long service leave?

Leave Provisions

Q We have an employee on long service leave for six weeks. The employee feels that they are still entitled to receive a car allowance whilst on long service leave. I was of the understanding that it is not included, […]

By Portner Press on October 2nd, 2019

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