Annual Leave
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Full-time and part-time employees are entitled to 4 weeks of paid annual leave per year of service. Shift workers who regularly work Sundays and public holidays may receive 5 weeks.
Annual leave accumulates from your first day and rolls over if you don't use it. When you take leave, your employer pays you at your base rate of pay. Many awards and agreements also give you a 17.5% annual leave loading — an extra payment on top of your normal pay while on leave.
- Your employer cannot unreasonably refuse a leave request.
- An employer can direct you to take excessive leave (usually more than 8 weeks accrued) in some cases, but must follow the rules in your award.
- When you leave your job, you must be paid out all unused annual leave in your final pay.
Casual employees are not entitled to paid annual leave, but their casual loading is meant to compensate for this.
When does it apply?
- You are a full-time or part-time employee in the national system.
- Leave starts accruing from your first day of work.
- Casual employees are not eligible for paid annual leave.
What should you do?
- Check your pay slips for your current leave balance.
- Submit your leave request in writing as far in advance as possible.
- If your employer refuses a reasonable request, ask for the reason in writing.
- Contact the Fair Work Ombudsman on 13 13 94 if leave is being unfairly denied or not paid out when you leave.
What should you NOT do?
- Don't agree to cash out leave unless it's allowed by your award and you keep at least 4 weeks in your balance.
- Don't let excessive leave build up without a plan — your employer may be able to direct you to take it.
- Don't accept a final pay that doesn't include your accrued leave — check the amount before signing anything.
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