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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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Your questions answered: Can ‘Contracts of Employment’ be called ‘Contracts of Service’?

Leave Provisions

Q Can we call our ‘Contracts of Employment’ ‘Contracts of Service’ instead? This is what they are called everywhere in the world within our organisation globally. A Either is fine. The term ‘contract for service’ is usually used to refer […]

By Portner Press on July 19th, 2019

Your questions answered: Can carer’s leave be granted for emergency care of a grandchild?

Leave Provisions

Q One of our employees has applied for one day of carer’s leave to provide primary care for a grandchild, due to her daughter being in hospital for the birth of a second child. The grandchild being cared for by […]

By Portner Press on July 1st, 2019

Your questions answered: Can sick leave count towards the notice period?

Leave Provisions

A solicitor has been ordered to pay $170,000 in damages to a female employee he subjected to “relentless” sexual harassment. Owen Hughes, the principal at Beesley and Hughes in northern NSW made numerous sexual advances towards his employee over several […]

By Portner Press on June 24th, 2019

Your questions answered: Can we ask employees to schedule medical appointments around work?

Leave Provisions

Q I have noticed that a few staff members take a full day off work when they need to see a doctor, while others only take half a day off, so it’s recorded as a half day of sick leave. […]

By Portner Press on June 19th, 2019

Your questions answered: Can we contact employees who are on leave?

Leave Provisions

Q Are we able to contact employees while they are on leave? When should we avoid making contact? A To some extent, it will depend on why you want to contact them. If it is to query when they will […]

By Portner Press on June 10th, 2019

Your questions answered: Can jury duty be deferred?

Leave Provisions

Q An employee has been called to attend jury duty. The timing of the jury duty does not suit the business due to rostering and other approved leave within the team, however the employee wants to attend. Can the employer […]

By Portner Press on June 7th, 2019

Your questions answered: Can we obtain a refund of overpayment to an employee?

Leave Provisions

Q One of our staff has been frequently absent from work due to illness/carer’s responsibilities. She has been paid for all days for which she was absent. Reconciliation has been undertaken of her personal leave entitlements and this has revealed […]

By Portner Press on June 3rd, 2019

Your questions answered: What stress leave entitlements do employees have?

Leave Provisions

Q How much stress leave can employees take? Do we pay this leave at normal rates? Is the pay reduced the longer the employee is off work? I have an employee who has told me he is off for the […]

By Portner Press on May 20th, 2019

Your questions answered: Can we discipline an employee for failing to provide a medical certificate?

Leave Provisions

Q We have a new employee who has only been with us for a month, but has so far spent half of that time off on personal/carer’s leave. We have been given various reasons for the absences, ranging from caring […]

By Portner Press on May 15th, 2019

Your questions answered: Are we able to transfer leave balances between businesses?

Leave Provisions

Q A staff member is transferring from one business to another within our group of companies. She will keep her original commencement of service date. We want her to transfer across with her current annual, sick and long service leave […]

By Portner Press on May 8th, 2019