The National Employment Standards set eleven minimum entitlements, including several types of leave that no contract can undercut.
Annual leave
Four weeks of paid annual leave per year for full-time employees, accruing progressively. Shift workers in certain circumstances receive five weeks.
Accrued but untaken leave is paid out on termination.
Personal and carer's leave
Ten days per year for full-time employees, accruing progressively and carrying over year to year.
Parental leave
Unpaid parental leave under the NES, alongside the separate government-funded Paid Parental Leave scheme.
Long service leave
This one is different: it is a state-based entitlement, not part of the NES, accruing over long tenure with one employer.
The rules vary by state and territory.
Why long service leave connects to redundancy
The redundancy pay scale peaks at 16 weeks at 9-10 years and then drops to 12 weeks at 10 years and beyond.
That reduction is deliberate and consistent with the 2004 Redundancy Case decision, and it relates to long service leave becoming available around that point.
So the two entitlements are linked in the design of the system, even though one is federal and the other state-based.
Public holidays
A NES entitlement, with penalty rates for work on them typically set by the applicable modern award.
Awards frequently give more
Modern awards and enterprise agreements often provide leave entitlements above the NES minimum, along with allowances and penalty rates.
On termination
Accrued annual leave is paid out. Long service leave may be payable depending on your state and your length of service.
Check both.
Where to check
The Fair Work Ombudsman covers NES entitlements and awards. Long service leave is administered by state and territory bodies.
Frequently asked questions
How much annual leave do I get?
Four weeks per year for full-time employees, accruing progressively, with five weeks for shift workers in certain circumstances.
What is long service leave?
A state-based entitlement, not part of the NES, accruing over long tenure with one employer, with rules varying by state and territory.
Why does long service leave connect to redundancy?
Because the redundancy scale drops from 16 to 12 weeks at ten years, a deliberate design consistent with the 2004 Redundancy Case, relating to long service leave becoming available.
Is leave paid out on termination?
Accrued annual leave is paid out. Long service leave may be payable depending on your state and length of service, so check both.
Can an award give more leave?
Yes. Modern awards and enterprise agreements often provide entitlements above the NES minimum, along with allowances and penalty rates.