Five Rules Of Annual Leave

Annual Leave

3 Dec 2023 (Last updated 11 Feb 2025)

Share on:

National Employment Standards (NES)

Annual leave is one of the ten National Employment Standards (NES). Every employee, excluding casuals, is entitled to at least four weeks of paid leave each year. Shiftworkers may be entitled to additional leave under the applicable modern award, agreement or the Fair Work Act 2009.

Accrual Of Annual Leave

Despite every permanent employee being entitled to at least four weeks of annual leave per year, in most cases the entire balance is not available from the first day. Annual leave will generally accrue progressively throughout the year and will carry over from year to year if unuse

Annual Leave Loading

Under some modern awards, an employee may be entitled to additional leave loading when on annual leave. This is usually 17.5% or their weekend penalty rate or shift rate whichever is higher.. As the loading can vary, it is vital employers check what their relevant modern award or enterprise agreement states, as well as their employment contracts.

Under some modern awards, an employee may be entitled to additional leave loading when on annual leave. This is usually 17.5% or their weekend penalty rate or shift rate whichever is higher.. As the loading can vary, it is vital employers check what their relevant modern award or enterprise agreement states, as well as their employment contracts.

Upon termination, annual leave must be paid out to employees as if they had taken the leave. This includes any entitlement to annual leave loading outlined in the modern award or enterprise agreement.

For advice on annual leave entitlements specific to their workplace employers should contact Peninsula today.

Do you have any questions regarding Annual Leave