Annual Leave in New South Wales
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 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 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.
How New South Wales differs from federal law
Annual leave in NSW follows the National Employment Standards (4 weeks paid annual leave per year for full-time workers). However, NSW has an important additional entitlement: long service leave under the Long Service Leave Act 1955 (NSW).
- NSW workers are entitled to 2 months (8.6667 weeks) of long service leave after 10 years of continuous service with the same employer. This is more generous than some other states.
- After 10 years, long service leave accrues on a pro-rata basis. Workers who leave after at least 5 years may receive a pro-rata payment in certain circumstances (e.g., resignation due to illness, domestic pressing necessity, or employer-initiated termination).
- NSW public-sector employees may receive extended long service leave under the Crown Employees conditions — often at more generous accrual rates.
- The construction industry in NSW has a portable long service leave scheme administered by the Long Service Corporation (longservice.nsw.gov.au), which allows workers to carry leave across multiple employers.
Additional Steps in New South Wales
Annual leave disputes go to the Fair Work Commission. Long service leave disputes under NSW law can be taken to the NSW Industrial Relations Commission or the Local Court. Contact the Long Service Corporation for construction or cleaning industry portable leave queries.
Relevant Law: Fair Work Act 2009 (Cth), ss 86-94; Long Service Leave Act 1955 (NSW); Long Service Corporation Act 2010 (NSW)
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.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.