Western Australia Annual Leave Laws (2026)
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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.
How Western Australia differs from federal law
Annual leave in WA follows the NES for national system workers (4 weeks per year). WA has its own long service leave entitlements under the Long Service Leave Act 1958 (WA) that apply to all WA workers.
- Under the Long Service Leave Act 1958 (WA), workers are entitled to long service leave after 10 years of continuous service — the entitlement is 8.6667 weeks (2 months) for 10 years, with additional leave accruing at the same rate for each further 5 years.
- After 7 years, a worker whose employment is terminated (other than for serious misconduct) is entitled to a pro-rata payment for accrued long service leave.
- WA has a portable long service leave scheme for the building and construction industry under the Construction Industry Portable Paid Long Service Leave Act 1985 (WA), administered by MyLeave.
- For state system workers, annual leave is also governed by the Minimum Conditions of Employment Act 1993 (WA), which provides for 4 weeks of annual leave per year for full-time workers.
Additional Steps in Western Australia
Annual leave disputes go to the Fair Work Commission (national system) or the WAIRC (state system). Long service leave disputes can be referred to the WAIRC or the Magistrates Court. Contact MyLeave (myleave.wa.gov.au or 08 9476 5400) for construction industry portable leave.
Relevant Law: Fair Work Act 2009 (Cth), ss 86-94; Minimum Conditions of Employment Act 1993 (WA); Long Service Leave Act 1958 (WA); Construction Industry Portable Paid Long Service Leave Act 1985 (WA)
Common Questions
What is the annual leave right in Australia?
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), you...
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.