Cairns Employment and Workplace Lawyers | Employment and Workplace Lawyers

Do You Know Your Annual Leave Entitlements?

Do You Know Your Annual Leave Entitlements? | Preston Law

Do you know what your entitlements/obligations are in relation to annual and sick leave in the workplace? Many people don't take the time to thoroughly read their staff contract and check for these important details.  For employees in the national workplace relations system, the Fair Work Act 2009 provides employees with a safety net of minimum conditions of employment through National Employment Standards (NES). Two of these conditions include Annual and Personal/Carers leave.

Below we have compiled key facts in relation to employee entitlements for Annual and Personal & Carers Leave that should be included in your staff contract:

Annual Leave

  1. Full-time and part-time employees get 4 weeks of annual leave.
  2. If you are a shift worker you may be entitled to up to 5 weeks of annual leave.
  3. Annual leave is accumulative. This means your balance of annual leave carries over to the next year. It also continues to accumulate when you are on paid leave; such as sick or carers and long service leave. It does not accumulate when you are on unpaid leave.
  4. Your balance of annual leave is paid out in your final pay when you leave your employer.
  5. Under your Award or a registered agreement, you may be entitled to receive annual leave loading. This is an additional amount that’s paid to some employees when they take annual leave. If you leave your employer, the leave loading also has to be paid out when your employment ends.

Personal/Carers Leave

  1. Full-time employees are entitled to 10 days paid personal/carers leave. Part-time employees receive pro-rata of 10 days, depending on hours of work.
  2. Paid personal and carers leave is accumulative. Like annual leave, your balance will roll over from year to year. It also continues to accumulate when you are on paid leave; such as annual leave. It does not accumulate when you are on unpaid leave.
  3. Your balance of personal/carers leave is not paid out when you leave your employer.
  4. Your employer can request you to provide evidence when you have been away from work for personal or carers leave. This includes even if you have only been off for sick for 1 day. Medical certificates or statutory declarations are examples of acceptable forms of evidence.

The National Employment Standards also provides for parental leave, compassionate leave, community service leave and long service leave. 

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