Leave Entitlements Australia 2026-27

Every leave entitlements Australia guarantees under the National Employment Standards — what you get, whether it’s paid, and who qualifies — verified from the Fair Work Act.

Last updated: July 2026 · Fair Work Act 2009 (Part 2-2, NES) · Paid Parental Leave Act 2010 · FY 2026–27

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How to Read This Table

These are the legal minimums from the National Employment Standards — the floor that applies to every national-system employee, whatever their contract says. Awards and enterprise agreements can only add to them. The “Casuals?” column matters more than people expect: casuals trade most paid leave for their loading, but a few entitlements — unpaid carer’s leave, compassionate leave, family and domestic violence leave — cover them in full.

The Big Three at a Glance

Annual leave: 4 weeks (5 shiftworkers) · Sick/carer’s: 10 days, accumulates · Parental: 12 months unpaid, job protected
+ Government Parental Leave Pay: 130 days at minimum wage for births from 1 July 2026

NES Leave Entitlements 2026–27

Leave TypeEntitlementPaid?Casuals?
Annual leave (s 87)4 weeks/yr · 5 for shiftworkersPaidNo
Personal/carer’s — sick leave (s 96)10 days/yr, accumulatesPaidNo
Unpaid carer’s leave (s 102)2 days per occasionUnpaidYes
Compassionate leave (s 104)2 days per occasionPaid (unpaid for casuals)Yes
Family & domestic violence leave (s 106A)10 days per 12 months, full at startPaidYes
Unpaid parental leave (s 70)12 months, job protectedUnpaidRegular casuals
Public holidays (s 116)Day off; base rate if it’s an ordinary work dayPaidDay off only
Parental Leave Pay (PPL Act — government)130 days at national minimum wagePaid by govtYes, if work test met

Section numbers refer to the Fair Work Act 2009 as in force. Long service leave is additional and set by state/territory law — it gets its own section on this site. Jury service and other community service leave also exist under the NES with their own rules.

Understanding the System

Australian leave splits into three layers. The NES layer above is universal and non-negotiable. The award/agreement layer adds industry extras — leave loading, additional shiftworker weeks, paid jury make-up beyond the minimum. The government layer pays Parental Leave Pay directly, independent of your employer’s generosity. When checking what you’re owed, always ask which layer a claim comes from: an employer can’t contract out of layer one, and layer three doesn’t depend on them at all.

The accumulation rules are where the money hides. Annual leave and sick leave accrue progressively and roll over — but only annual leave is paid out when you go. Family and domestic violence leave resets each year and is available in full from day one, including for casuals — one of the few paid entitlements that is. And unpaid parental leave protects the job itself: 12 months guaranteed, with a right to request a second 12.

Frequently Asked Questions

Do part-timers get the same leave?

Yes, pro-rata: leave accrues “according to your ordinary hours of work”. A 19-hour-a-week part-timer accrues exactly half the hours of a 38-hour full-timer — same four weeks of their working pattern, half the hours on the payslip.

Can unused sick leave be cashed out or paid on exit?

Under the NES, no — it accumulates while you’re employed and lapses when you leave. Some awards and agreements allow limited cashing out during employment under strict conditions. Treat the sick balance as insurance, not savings.

What if a public holiday falls while I’m on annual leave?

The public holiday doesn’t burn a day of your annual leave — that day counts as the public holiday instead, and your leave balance keeps the day. Payroll systems mostly handle this correctly; long Christmas breaks are where it’s worth checking.

Is long service leave in this table?

No — long service leave is set by each state and territory, not the NES, and the rules differ meaningfully (7 years in Victoria, 10 in NSW, different accrual everywhere). It’s real money after enough years, which is why it gets its own section and calculator on this site.

📋 Entitlements verified — Official sources: Fair Work Act 2009 (Part 2-2) · Paid Parental Leave Act 2010

⚠️ This is general information, not financial, tax or legal advice. KnowMyGovt is an independent service with no affiliation with or endorsement by the Fair Work Commission, Services Australia or the Australian Government, and is not responsible for decisions you make based on it.

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