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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 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

Your questions answered: Can we ask an employee to leave during their notice period?

Leave Provisions

Q: If an employee hands in their resignation and intends to work throughout their notice period, can we ask them to leave halfway through this period?

By Portner Press on February 18th, 2019

Your questions answered: Can an employee request unpaid leave without providing us a reason?

Leave Provisions

Q: A long-term employee is seeking a 3-to-6-month break to visit his home in China. He simply stated it was due to a bad family situation. Am I within my rights to have a more detailed explanation?

By Portner Press on February 15th, 2019

Your questions answered: Does an employee accrue long service leave when on an international secondment?

Leave Provisions

Q: Are we obliged (for NT, QLD, NSW, SA and VIC) to acknowledge international service for determining the long service leave entitlement?

By Portner Press on February 13th, 2019

Your questions answered: What is a fair reason to grant carer’s leave?

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 the […]

By Portner Press on January 25th, 2019

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

Leave Provisions

Q: Can sick leave count towards a notice period?

By Portner Press on January 23rd, 2019

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