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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: 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

Your questions answered: Do we have to pay employees who are on jury duty?

Leave Provisions

Q I understand that an employer has to pay for the first 10 days of jury duty. Is this correct? If so, will part-time employees be paid 10 days on a pro-rata basis? A Yes, an employer is required to […]

By Portner Press on May 6th, 2019

You may be obligated to pay superannuation on annual leave loading

Leave Provisions

On 12 March 2019, the Australian Taxation Office (ATO) issued a note regarding its view as to whether annual leave loading attracts Superannuation Guarantee (SG) contributions. This depends on whether leave loading is ordinary time earnings (OTE). There is a […]

By Charles Power on May 1st, 2019

6 steps to reduce absenteeism in your organisation

Leave Provisions

Serial absenteeism can be very frustrating for employers, especially if it comes with short notice and has an adverse effect on the flow of your business operations. The most common reason for absenteeism is illness or injury, but there are […]

By Portner Press on April 24th, 2019

Your questions answered: What pay entitlements do employees on jury duty have?

Leave Provisions

Q I understand that an employer has to pay for the first 10 days of jury duty. Is this correct? If so, will part-time employees be paid 10 days on a pro-rata basis? A Yes, an employer is required to […]

By Portner Press on April 10th, 2019

Your questions answered: Can we direct a retrenched employee to take annual leave?

Leave Provisions

Q: Can an employer direct an employee to use their annual leave during their notice period when their position has been made redundant?

By Portner Press on March 13th, 2019

Your questions answered: Can we offer our staff annual leave in lieu of a bonus?

Leave Provisions

Q: We would like to give employees 5 days' additional annual leave, awarded as a one-off bonus. Is this compliant with the Fair Work Act?

By Portner Press on March 4th, 2019

Your questions answered: Can we make adjustments for annual leave errors?

Leave Provisions

Q: Can we make adjustments for annual leave errors? Where do we stand as we have over 600 adjustments to make for the rest of the staff?

By Portner Press on February 27th, 2019