How annual leave works under the National Employment Standards
Full-time and part-time employees get 4 weeks of paid annual leave for each year of service with their employer, under section 87 of the…
Full-time and part-time employees get 4 weeks of paid annual leave for each year of service with their employer, under section 87 of the Fair Work Act 2009. Some shift workers get 5 weeks. Annual leave builds up progressively during the year according to your ordinary hours of work, and unused leave carries over from year to year. Casual employees do not get paid annual leave (section 86).
The NES maximum for a full-time employee is 38 ordinary hours a week plus reasonable additional hours (section 62). Annual leave is based on ordinary hours, so at 38 hours a week, 4 weeks is 152 hours. Overtime does not add to it.
| Ordinary hours a week | Annual leave a year | Shift worker (5 weeks) | Personal/carer's leave a year |
|---|---|---|---|
| 38 hours | 152 hours | 190 hours | 76 hours |
| 30 hours | 120 hours | 150 hours | 60 hours |
| 25 hours | 100 hours | 125 hours | 50 hours |
| 20 hours | 80 hours | 100 hours | 40 hours |
| 15 hours | 60 hours | 75 hours | 30 hours |
| 10 hours | 40 hours | 50 hours | 20 hours |
Personal/carer's leave and the Mondelez decision
Personal/carer's leave, also called sick and carer's leave, is 10 days a year for full-time employees and pro rata for part-time employees…
Personal/carer's leave, also called sick and carer's leave, is 10 days a year for full-time employees and pro rata for part-time employees (section 96). In Mondelez Australia v AMWU (2020), the High Court held that a day means a notional day of one-tenth of the ordinary hours you work in a two-week period. So 10 days is 1/26 of your ordinary hours in a year: 76 hours for a 38-hour week, whether you work 5 days of 7.6 hours or 4 days of 9.5 hours.
Annual leave loading
Leave loading is not part of the National Employment Standards. Many awards and agreements pay an extra 17.5% on top of base pay while you are on annual leave. Turn on the leave loading switch only if your award, agreement or contract provides it.
How this calculator counts service
Service runs from your start date up to, but not including, your as-of date, in whole months plus the part of the current month you have…
Service runs from your start date up to, but not including, your as-of date, in whole months plus the part of the current month you have worked. So 01/01/2025 to 01/01/2026 is exactly one year, and 01/01/2026 to 01/07/2026 is exactly half a year. Periods of unpaid leave generally do not count as service (section 22), so if you have taken unpaid leave, move your start date later by that many days.
FAQ
How does annual leave accrue for part-time employees?
Part-time employees get the same 4 weeks of paid annual leave a year as full-time employees, pro rata to their ordinary hours. It builds up progressively from the first day of work, based on the ordinary hours worked. For example, 20 ordinary hours a week gives 80 hours of annual leave a year (4 x 20).
Do casual employees get annual leave?
No. Casual employees are not entitled to paid annual leave under the National Employment Standards. They are usually paid a casual loading instead, set by their award or agreement. If a casual employee becomes part-time or full-time, annual leave starts building up from that date.
Can I cash out annual leave?
Only if your award or enterprise agreement allows it or, if you are award and agreement free, you and your employer agree in writing. Each cash out needs its own written agreement, you must be paid at least the full amount you would have received for taking the leave, and your remaining balance must not fall below 4 weeks.
What is annual leave loading?
Leave loading is an extra payment on top of your base pay rate while you are on annual leave. It is not part of the National Employment Standards: you only get it if your award, enterprise agreement or contract provides it. Many awards and agreements set it at 17.5%.
How much personal/carer's leave do I get?
Full-time employees get 10 days of paid personal/carer's leave (sick and carer's leave) a year, and part-time employees get a pro rata amount. After the High Court's 2020 decision in Mondelez v AMWU, a day means one-tenth of the ordinary hours you work in a two-week period, so 10 days is 1/26 of your ordinary hours in a year: 76 hours for a 38-hour week. It builds up progressively, carries over from year to year, and casual employees do not get it.
Is unused annual leave paid out when I leave?
Yes. When your employment ends, your employer must pay out any unused annual leave at the amount you would have received if you had taken it. Whether leave loading is added depends on your award or agreement. Unused personal/carer's leave is not paid out.
What if a public holiday falls during my annual leave?
It does not come out of your annual leave. If a public holiday falls during a period of paid annual leave, you are treated as not being on annual leave that day, so it is not deducted from your balance.
Does this calculator work out long service leave?
No. Long service leave is separate from annual leave and is set mainly by state and territory laws, so the rules depend on where you work. Some awards and agreements also set it. Check with the authority for your state or territory:
New South Wales: Long Service Leave Act 1955, NSW Industrial Relations. Victoria: Long Service Leave Act 2018, Wage Inspectorate Victoria. Queensland: Industrial Relations Act 2016, the Office of Industrial Relations. Western Australia: Long Service Leave Act 1958, the WA Government's Wageline service. South Australia: Long Service Leave Act 1987, SafeWork SA. Tasmania: Long Service Leave Act 1976, WorkSafe Tasmania. Australian Capital Territory: Long Service Leave Act 1976, the ACT Government. Northern Territory: Long Service Leave Act 1981, NT WorkSafe. The Fair Work Ombudsman's long service leave page links to each one.
Sources
6 official sources
- Fair Work Ombudsman: Annual leave
- Fair Work Ombudsman: Sick and carer's leave
- Fair Work Ombudsman: Long service leave
- Fair Work Act 2009: section 87 (annual leave), section 96 (personal/carer's leave), section 86 (casuals), section 89 (public holidays during leave), section 90 (payment and termination), sections 92 to 94 (cashing out), section 62 (maximum weekly hours), section 22 (service)
- Mondelez Australia Pty Ltd v AMWU [2020] HCA 29 (High Court of Australia)
- State long service leave authorities: NSW Industrial Relations, Wage Inspectorate Victoria (others are linked from the Fair Work Ombudsman's long service leave page)
Figures checked against the Fair Work Ombudsman and the Fair Work Act 2009. Last verified: September 2026.