Annual leave
Under the National Employment Standards, all employees are entitled to four weeks of annual leave. Certain shift workers are entitled to an additional week’s leave. The appropriate modern award will explain how this additional entitlement is calculated if it is relevant. Modern awards also provide for a 17.5% annual leave loading.
Annual leave is now accrued on a regular basis. This means that an employee does not have to complete twelve months of service to take annual leave, as they accrue it on an ongoing basis during the year. By mutual agreement, an employee may take a portion of their leave, once they have accrued an entitlement to it. For example after 3 months of service, you may allow an employee to take one week of their leave.
Long service leave(1) Except as otherwise provided in this Act, every worker shall be entitled to long service leave on ordinary pay in respect of the service of the worker with an employer. Service with the employer before the commencement of this Act as well as service with the employer after such commencement shall be taken into account for the purposes of this section.
(2)
(a) Subject to paragraph (a2) and subsection (13) the amount of long service leave to which a worker shall be so entitled shall:
(i) in the case of a worker who has completed at least 10 years service with an employer be:
(A) in respect of 10 years service so completed, 2 months, and
(B) in respect of each 5 years service with the employer completed since the worker last became entitled to long service leave, 1 month, and
(C) on the termination of the worker’s services after the completion of 15 years service, in respect of the number of years service with the employer completed since the worker last became entitled to an amount of long service leave, a proportionate amount on the basis of 2 months for 10 years service, and
(ii) in the case of a worker who has completed at least 10 years service but less than 15 years with an employer and whose services with the employer are terminated or cease for any reason, be a proportionate amount on the basis of 3 months for 15 years service, and
(iii) in the case of a worker who has completed with an employer at least five years service, and whose services are terminated by the employer for any reason other than the worker’s serious and wilful misconduct, or by the worker on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the worker, be a proportionate amount on the basis of 2 months for 10 years service.
