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Leave entitlements 

Leave entitlements for all private sector employees are covered by national workplace laws and are included in the ten National Employment Standards (NES).

From 1 January 2010, the NES replaced the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

If you are an employer operating a business in the private sector or an employee of that business, you are covered by the national workplace laws and the minimum entitlements in the NES apply to you regardless of the industrial instrument or contract of employment.

The National Employment Standards (NES) are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment. They provide a safety net for all employees in the national workplace relations system and include specific provisions for leave.

  • Public holidays
  • Annual leave
  • Sick leave
  • Leave accrual
  • Personal, carer's & compassionate leave
  • Parental leave
  • Community service leave, and
  • Long service leave.  Long Service Leave is governed by state and territory laws and can usually be taken after 10 years continuous service.

More information on Long service leave.

For more details about the National Employment Standards and modern awards and how they apply to you or your business, visit Fair Work Online [Fair Work Ombudman] or call the Fair Work Infoline on 13 13 94.

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