Annual Leave in Victoria
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 Victoria differs from federal law
Annual leave in Victoria follows the National Employment Standards (4 weeks per year for full-time workers). Victoria also provides long service leave under the Long Service Leave Act 2018 (Vic), which modernised the previous 1992 Act.
- Victorian workers are entitled to long service leave after 7 years of continuous service — more generous than the 10-year threshold in some other states. After 7 years, the entitlement is approximately 6.066 weeks (calculated at 1/60th of the period of employment).
- After 7 years, a worker who is terminated (for any reason other than serious misconduct) or who resigns is entitled to a pro-rata payment for the long service leave accrued.
- Victoria has a portable long service leave scheme for the contract cleaning, security, and community services sectors, administered by the Portable Long Service Benefits Authority.
- The Long Service Leave Act 2018 (Vic) clarified that long service leave accrues during parental leave and other unpaid leave, resolving previous uncertainty.
Additional Steps in Victoria
Annual leave disputes go to the Fair Work Commission. Long service leave disputes under Victorian law can be taken to the Magistrates' Court of Victoria or the Victorian Wage Inspectorate. Contact the Portable Long Service Benefits Authority (portablelong servicebenefits.vic.gov.au) for cleaning, security, and community services workers.
Relevant Law: Fair Work Act 2009 (Cth), ss 86-94; Long Service Leave Act 2018 (Vic); Long Service Benefits Portability Act 2018 (Vic)
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.