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Entitlements

What is an Annual Holiday?

The NSW Annual Holidays Act 1944 allows full-time and part-time employees in New South Wales to have four weeks paid leave per year.

View more information about annual holiday entitlements for full time, part time, casual employees and other workers.

Please remember - entitlements to annual holidays come from the Annual Holidays Act 1944. However, leave loading is an entitlement payable under most NSW Awards or Enterprise Agreements. If you are uncertain about your entitlements, please contact Office of Industrial Relations online or telephone 131 628.

How much sick leave am I entitled to?

As a guide, most employees (except some casual employees) are entitled to a minimum of 5 days sick leave each year, which can be used when the employee is too ill to work or when it is necessary to look after ill family members.

Sick leave is an entitlement payable under most NSW Awards or Enterprise Agreements. Check your Award or Enterprise Agreement to see how much sick leave you are entitled to.

If you are uncertain about your entitlements please contact Office of Industrial Relations online or telephone 131 628.

What is the Long Service Leave entitlement?

The NSW Long Service Leave Act 1955 provides that full-time, part-time and casual workers in New South Wales are entitled to be paid long service leave after working for an unbroken period of ten years with an employer.

Two months paid leave after ten years service with one employer and one month paid leave for each additional five years service. After 15 years of service, only full years of service are taken into account for accrual purposes.

A worker who has completed five years' service is entitled to a long service pro rata payment if he or she:

• resigns as a result of illness, incapacity, domestic or pressing necessity:
• Is dismissed for any reason except serious and wilful misconduct; or
• dies.

Go to the long service leave entitlements brochure for more information about full time, part time and casual employees or contact Office of Industrial Relations online or telephone 131 628.

What is Parental Leave entitlement?

Parental leave is unpaid leave, unless otherwise specified in an award or agreement.

Parental leave taken by an employee can be:

• maternity leave, in connection with a pregnancy or the birth of her child; or,
• paternity leave, in connection with the birth of his spouse's child; or,
• adoption leave, in connection with the adoption of a child under five years of age.

In all cases parental leave must not be longer than 52 weeks and must be completed before the child's first birthday or anniversary of adoption.

An employee is entitled to return to the position they held immediately before commencing parental leave.

The NSW IRC is currently considering the recent changes to parental leave entitlement made in August 2005 by the Australian IRC. There has been no change to entitlements for workers employed under NSW awards at this time.

Find out more about parental leave and maternity at work.