Annual Leave in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Full-time and part-time employees get 4 weeks of paid annual leave per year of service. Shift workers who routinely work Sundays and public holidays may get 5 weeks — usually written into the award.
Leave accrues from your first day and rolls over indefinitely if unused. While on leave you're paid at your base rate. Many awards and agreements add the 17.5% annual leave loading — a tradition baked into Australian awards since the 1970s, paid on top of normal pay while on leave.
- An employer cannot unreasonably refuse a leave request.
- If you've banked excessive leave (usually more than 8 weeks), your employer can direct you to take some — within the limits of your award.
- Unused leave gets paid out in your final pay when you leave the job.
Casual employees don't accrue annual leave — that's what the 25% loading is for, in theory.
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 to Do If Your Australian Employer Refuses or Mismanages Your Annual Leave
- 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.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does annual leave 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 I do if my employer in Australia is denying or not paying out my annual leave?
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 mistakes should I avoid with annual leave?
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.
Annual Leave in other states
Same topic, different jurisdiction. Pick the one that applies to you.