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Rights & Responsibilities » Employers » Employers' Guides » Transport Industry » Transport Industry: Leave Entitlements

Transport Industry: Leave Entitlements

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Sick leave

After three months service an employee is entitled to five days sick leave in the first year, then eight days for each further year of service. Untaken sick leave accumulates from year to year while employment continues and is not paid out on termination.

In the Transport Industry - Mixed Enterprises (State) Award a year for sick leave purposes is 1 July to 30 June.

Part-time employees are entitled to a pro-rata amount of sick leave depending on the number of hours they work each week.

An employer can decide on the evidence an employee needs to provide when taking sick leave. The employer should communicate this to the employees.

Annual leave

All full-time and part-time workers in NSW are entitled to four weeks paid leave per year in accordance with the Annual Holidays Act 1944.

Casual employees do not receive paid annual leave but are entitled to be paid one twelfth of the employee's ordinary pay as the employee's annual holiday entitlement.

Seven-day shift workers who have worked continuously as such receive an additional week's annual leave. If the employee has only worked as a seven-day shift worker for part of the year they are entitled to three and a half hours leave for each 21 shifts worked. This entitlement is paid out if employment is terminated.

When an employee takes annual leave they are entitled to payment of an annual leave loading. The loading is equivalent to three and a half hours for each completed month.

Further information is contained in the OIR brochure, Annual holidays.

Long service leave

Full-time, part-time and casual employees in NSW are entitled to two months paid long service leave after working for an unbroken period of ten years with an employer. Long service leave then accrues at the rate of one months paid leave for each additional five years of service.

Upon termination, an employee with at least ten years service must be paid for any long service leave accrued. Employees with at least five years service may also be entitled to payment upon termination in some instances.

Further information is contained in the OIR brochure, Long service leave.

Personal/carer's leave

All full-time and part-time employees are entitled to personal/carer's (or family) leave.

This is leave taken by an employee to care for and support a member of their family who is ill and for whose care they are responsible. Employees with personal/carer's responsibilities also have access to flexible work practices, such as time off in-lieu of overtime or 'make-up time' schemes.

Further information on Personal Carer's and Bereavement Leave.

Bereavement leave

All full-time and part-time employees are allowed up to two days without loss of pay for the death of a family member. Family members are:

spouse, de facto spouse or same sex partner
child, including adopted, foster, ex-nuptial or stepchild
parent, including foster parent or guardian
grandparent, grandchild or sibling
ssiblings, parents, grandchildren and grandparents of the employee's spouse or de facto
a relative who is a member of their household

Further information on Personal Carer's and Bereavement Leave.

Parental leave

Parental leave is leave taken by an employee as:

maternity leave in connection with a pregnancy or the birth of a child.
paternity leave in connection with the birth of a spouse's (including de facto spouse's) child.
adoption leave in connection with the adoption of a child under eighteen years of age.

Parental leave is unpaid leave. An employee is entitled to return to their former position after parental leave.

There is no requirement to provide part-time work to a full-time employee who is returning from parental leave. However, employers are advised to give reasonable consideration to such a request.

Further information is contained in the OIR brochures, Parental Leave and Maternity at Work.

Other leave entitlements

Leave is provided for full-time and part-time employees to perform jury service.

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Date Created: 29 August 2005
Last Reviewed : 27 March 2008

  ©Office of Industrial Relations, NSW Department of Commerce
  McKell Building, 2-24 Rawson Place, Sydney NSW 2000
  Phone: 131 628 (anywhere within NSW)  Fax: (02) 9020 4700
  URL: http://www.industrialrelations.nsw.gov.au