The National Employment Standards (the NES) provide the minimum conditions for all employees who are covered by the national workplace relation system. Minimum leave entitlements are included within the NES and apply to all eligible permanent employees.
The NES accounts for different types of leave entitlements including; annual leave, sick and carer’s leave (personal leave), family & domestic violence leave, compassionate leave, maternity leave, long service leave and community service leave.
All employees, except casuals, are entitled to 4 weeks of annual leave, 10 days of paid and 2 days of unpaid personal leave and 2 days of paid compassionate leave which accrues annually. Most parents are entitled to unpaid parental leave however, eligible parents may apply for 18 weeks of government-funded parental leave.
An employee gets long service leave after a long period of working for the same employer. Most employees’ entitlement to long service leave comes from long service leave laws in each state or territory. In Victoria, an employee can request to take long service leave at any time after 7 years’ continuous employment.
Upon resignation or termination of employment, an employee is entitled to a payment of all outstanding annual and long service leave.