Leave entitlements: annual, sick, public holidays and parental leave

Fair Work OmbudsmanVerified 22 Oct 2026Official pages checked daily

The National Employment Standards (NES) set the minimum leave for every employee in Australia. Full-time employees get 4 weeks of paid annual leave a year, 10 days of paid sick and carer's leave, 2 days of compassionate leave each time it is needed, and 10 days of paid family and domestic violence leave a year. After 12 months of continuous service you can take up to 12 months of unpaid parental leave. Part-time employees get these pro rata. Casual employees get no paid annual or sick leave but receive casual loading instead. Public holidays and long service leave are set by each state and territory.

Key facts

Minimum standards come from the NES: The National Employment Standards are the minimum employment conditions for all employees. No award, contract or enterprise agreement can give less. When you start a job, your employer must give you the Fair Work Information Statement, and casual employees must also get the Casual Employment Information Statement¹
Paid annual leave: Full-time and part-time employees get 4 weeks a year based on their ordinary hours (pro rata for part-time). It builds up from your first day, including during probation, and unused leave carries over to the next year. Casual employees do not get it²
Paid sick and carer's leave: Full-time employees get 10 days a year, part-time pro rata. Unused leave carries over to the next year. You can also use it to care for an immediate family member or household member who is sick, injured or has an unexpected emergency³
Unpaid carer's leave for casuals: Casual employees can take 2 days of unpaid carer's leave each time it is needed. Full-time and part-time employees can also take unpaid carer's leave once their paid sick and carer's leave is used up³
Compassionate (bereavement) leave: 2 days each time an immediate family member or household member dies or has a life-threatening illness or injury, or if you or your partner has a miscarriage, or a baby in your immediate family or household is stillborn. Full-time and part-time employees are paid at their base rate; casuals are unpaid. It does not build up and cannot be cashed out⁴
Public holidays: Public holidays differ by state and territory. All employees have the right not to work on a public holiday. An employer can make a reasonable request for you to work, and you can refuse if you have reasonable grounds⁵
Unpaid parental leave: Only for employees who have worked for the same employer for at least 12 months of continuous service (including casuals who have worked regularly and systematically for 12 months). Each parent can take up to 12 months; with the employer's agreement this can be extended to a total of 24 months. Your job is protected while you are away⁶
Flexible parental leave days: Part of the 12 months of unpaid parental leave can be taken as separate flexible days: up to 120 days for children born or adopted between 1 July 2025 and 30 June 2026, and up to 130 days for children born or adopted on or after 1 July 2026⁶
Government Parental Leave Pay: The Australian Government's Paid Parental Leave scheme pays eligible employees at the National Minimum Wage rate. It is run by Services Australia, phone 13 61 50⁶
Long service leave: For most employees, long service leave is set by the law of the state or territory they work in, including how long you need to work (for example 7 years) and how much leave you get. In some states, long-term casuals are also covered⁷
Paid family and domestic violence leave: All employees, including casuals, get 10 days of paid family and domestic violence leave a year⁸
What casuals get and do not get: Casual employees get casual loading or a specific casual pay rate. They do not get most paid leave, notice of termination or redundancy pay, even after a long period of regular work. Casuals who meet the conditions can ask to become permanent through the employee choice pathway⁸

Who is this for, and what are the requirements?

The NES apply to every employee in the national workplace relations system, whatever award, agreement or contract covers you and whatever visa you hold.
Full-time and part-time employees get paid annual leave, paid sick and carer's leave and paid compassionate leave; part-time employees get them pro rata based on their hours.
Casual employees do not get paid annual, sick or compassionate leave, but they do get unpaid carer's leave, unpaid compassionate leave and paid family and domestic violence leave. Casuals who have worked regularly for 12 months can also take unpaid parental leave.
Unpaid parental leave requires 12 months of continuous service with the same employer. Government Parental Leave Pay has its own income, work and residence requirements set by Services Australia.
Long service leave and public holidays depend on the state or territory where you work. Check the official website for that state or territory.

How do I do it? Steps and process

Confirm your employment type
Check your contract and pay slips to see whether you are full-time, part-time or casual. Your leave entitlements depend entirely on this. The signs of casual employment are no firm advance commitment to ongoing work, and being paid casual loading.
Check the leave clauses in your award and contract
The NES is the minimum. Your award, enterprise agreement or contract can give more (for example an extra week of annual leave for shift workers) but never less. Use the Fair Work Leave Calculator to work out how much annual leave and sick leave you have built up. Your employer must also tell you your leave balance when you ask.
Taking sick or carer's leave
Tell your employer as soon as possible and say how long you expect to be away. Your employer can ask for reasonable evidence, such as a medical certificate or a statutory declaration; without it you may not be paid for the leave. You can take as much as you have built up. There is no limit on a single period of leave.
Taking annual leave
Agree the timing of annual leave with your employer. Unused annual leave keeps building up. If a public holiday falls during your annual leave, that day counts as a public holiday and is not taken from your annual leave.
Taking parental leave
Give your employer written notice at least 10 weeks before you plan to start unpaid parental leave, with the start and end dates of your continuous leave and the number of flexible days. Confirm the dates again at least 4 weeks before you start. To extend your leave to a total of 24 months, apply in writing at least 4 weeks before the first period ends; your employer must reply in writing within 21 days and can only refuse on reasonable business grounds. Government Parental Leave Pay is a separate claim through Services Australia.
Public holidays
First check this year's public holidays for your state or territory (the Fair Work website lists them for each state). Full-time and part-time employees who would normally be rostered on get their base pay for a public holiday they do not work. If you work, you get penalty rates or time off in lieu as set in your award. Your public holidays are those of the state or territory where you work, not where you happen to be that day.
Long service leave
Contact the long service leave authority in your state or territory to check your entitlement (NSW: NSW Industrial Relations; VIC: Workforce Inspectorate Victoria; QLD: Queensland Industrial Relations). Industries such as construction, cleaning, community services and security have portable long service leave schemes that move with you between employers.

What documents do I need?

Sick or carer's leave: a medical certificate or statutory declaration if your employer asks for one
Compassionate leave: reasonable evidence such as a death notice, funeral notice or statutory declaration
Parental leave: written notice, and evidence of the expected birth date, birth or adoption if your employer asks for it

What should I watch out for?

Sick leave and annual leave work differently: sick leave has no cap on how much you can build up but is not paid out when you leave; unused annual leave must be paid out when you leave. Check your award and the NES.
Casuals have no paid leave, but they are still protected: paid family and domestic violence leave, unpaid carer's leave and compassionate leave apply to casuals too, and casuals who meet the conditions can ask to become full-time or part-time (see the changes below).
Since 26 August 2024 there is a right to disconnect: if your employer or a client contacts you outside working hours, you can refuse to read or reply as long as your refusal is not unreasonable. For employees of small businesses (fewer than 15 employees), this applies from 26 August 2025.
Public holidays differ by state. For example, Melbourne Cup Day is a public holiday only in VIC. Check your state or territory government website or the Fair Work public holidays page.
Government Parental Leave Pay and unpaid parental leave from your employer are two separate systems: one is money paid by Services Australia, the other is the right to keep your job. You can use both at the same time.
Annual leave keeps building up while you are on annual leave or sick leave. It does not build up during unpaid leave, including unpaid parental leave.
Your employer cannot dismiss you or treat you differently because you take leave you are entitled to, are pregnant or have caring responsibilities. This is protected under the Fair Work Act.
This page is a plain-English summary of public information. Check the Fair Work Ombudsman website and your award for your own situation. It is not immigration or legal advice.

What has changed recently?

2026-07-01
For children born or adopted on or after 1 July 2026, flexible unpaid parental leave increased from up to 120 days to 130 days. Government Parental Leave Pay also increased from 120 days to 130 days.Source: fairwork.gov.au ↗
2025-08-26
From this date, employees of small businesses (fewer than 15 employees) have the right to disconnect. Casuals who were already employed by a small business before 26 August 2024 can also, from this date, ask to become permanent under the employee choice pathway.Source: fairwork.gov.au ↗
2025-02-26
Casuals who were already employed before 26 August 2024 by an employer that is not a small business can, from this date, give written notice under the employee choice pathway asking to become permanent.Source: fairwork.gov.au ↗
2024-08-26
The pathway for casuals to become permanent changed from 'casual conversion' to 'employee choice'. An employee who has worked for the employer for 6 months (12 months for a small business) and believes they no longer fit the definition of a casual can give written notice asking to become full-time or part-time. The employer must reply in writing within 21 days and can only refuse on the grounds set out in the law. Service before 26 August 2024 does not count. From the same day, employees of businesses that are not small businesses have the right to disconnect (the right to refuse unreasonable contact outside working hours).Source: fairwork.gov.au ↗

Common questions

How many days of annual leave and sick leave does a full-time employee get in Australia?

Under the National Employment Standards (NES), full-time employees get 4 weeks of paid annual leave and 10 days of paid sick and carer's leave each year. Part-time employees get these pro rata. Annual leave builds up from your first day, including probation, and unused annual and sick leave carry over. Your award or contract can give more but never less. Use the Fair Work Leave Calculator to check your balance.

I'm a casual. Do I get any sick leave or annual leave?

No. Casual employees do not get paid annual leave or sick leave; they get casual loading or a casual pay rate instead. Casuals can still take 2 days of unpaid carer's leave and 2 days of unpaid compassionate leave each time they are needed, and 10 days of paid family and domestic violence leave a year. Casuals who meet the conditions can ask to become permanent through the employee choice pathway.

A family member has died. How many days of bereavement leave can I take, and is it paid?

You can take 2 days of compassionate leave each time an immediate family member or household member dies. Full-time and part-time employees are paid at their base rate; casual employees are unpaid. The leave also covers a life-threatening illness or injury in the family, a miscarriage, or a stillborn baby. Your employer can ask for reasonable evidence such as a death notice or statutory declaration.

Do I get paid for public holidays if I don't work? Can my employer make me work on a public holiday?

Full-time and part-time employees who would normally be rostered on get their base pay for a public holiday they do not work. If you do work, your award sets penalty rates or time off in lieu. All employees have the right not to work on a public holiday. Your employer can only make a reasonable request, and you can refuse on reasonable grounds. Public holidays follow the state or territory where you work.

How long is unpaid parental leave in Australia, and how long do I need to have worked?

Each parent can take up to 12 months of unpaid parental leave, and with your employer's agreement this can be extended to a total of 24 months. Your job is protected while you are away. You need 12 months of continuous service with the same employer; casuals who have worked regularly for 12 months also qualify. Give written notice at least 10 weeks before you start and confirm the dates at least 4 weeks before.

How many days of government Parental Leave Pay can I get?

For children born or adopted on or after 1 July 2026, government Parental Leave Pay is 130 days, up from 120 days. It is paid at the National Minimum Wage rate by Services Australia (phone 13 61 50) and has its own income, work and residence requirements. You claim it separately from your employer's unpaid parental leave, and you can use both at the same time.

What is long service leave and how many years do I need to work to get it?

Long service leave is extra leave you become entitled to after a long period of work. For most employees it is set by the law of the state or territory where they work, including how long you must work (for example 7 years) and how much leave you get. In some states long-term casuals are covered too. Ask your state authority, such as NSW Industrial Relations, Workforce Inspectorate Victoria or Queensland Industrial Relations.

My manager keeps messaging me after hours. Can I ignore it?

Yes, in most cases. Since 26 August 2024, employees have a right to disconnect: if your employer or a client contacts you outside working hours, you can refuse to read or reply as long as your refusal is not unreasonable. For employees of small businesses (fewer than 15 employees), this right applies from 26 August 2025.

Answers are based on the verified content of this page — the official source always prevails.

Where can I check the official information?

National Employment StandardsFair Work Ombudsman · fairwork.gov.au
Annual leaveFair Work Ombudsman · fairwork.gov.au
Sick and carer's leaveFair Work Ombudsman · fairwork.gov.au
Compassionate and bereavement leaveFair Work Ombudsman · fairwork.gov.au
Public holidaysFair Work Ombudsman · fairwork.gov.au
Parental leave and related entitlements fact sheetFair Work Ombudsman · fairwork.gov.au
Long service leaveFair Work Ombudsman · fairwork.gov.au
Casual employeesFair Work Ombudsman · fairwork.gov.au

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