Annual Leave in South 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 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 South Australia differs from federal law
Annual leave in SA follows the National Employment Standards — 4 weeks paid annual leave per year for full-time workers. South Australia also provides long service leave under the Long Service Leave Act 1987 (SA).
- SA workers are entitled to 13 weeks of long service leave after 10 years of continuous service with the same employer. This is among the most generous entitlements in Australia.
- Pro-rata long service leave is payable after 7 years if employment ends for any reason other than serious misconduct — more accessible than in most other states.
- The SA construction industry has a portable long service leave scheme administered by the Construction Industry Long Service Leave Board (cilsb.sa.gov.au), allowing workers to carry their leave entitlements across different employers.
- Community services workers in SA also have a portable long service leave scheme under the Community Services (Portable Long Service Leave) Regulations.
Additional Steps in South Australia
Annual leave disputes go to the Fair Work Commission. Long service leave disputes under SA law can be taken to the SA Employment Tribunal (SAET) or the SA Magistrates Court. Contact the Construction Industry Long Service Leave Board for portable scheme queries.
Relevant Law: Fair Work Act 2009 (Cth), ss 86-94; Long Service Leave Act 1987 (SA); Construction Industry Long Service Leave Act 1987 (SA)
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.