Australia has some of the world’s most generous leave entitlements for employees, covering full-time and part-time workers under the Fair Work Act 2009 (Cth). Understanding your rights as an employee ensures you can access the benefits you are entitled to and take action if your employer wrongfully refuses leave.
In this guide, Prosper Law’s employment lawyers explain the different types of employee leave in Australia, how much leave you can take, and what to do if your leave request is unfairly denied.
Key Takeaways
All full-time and part-time employees in Australia are covered by minimum leave entitlements under the Fair Work Act 2009 (Cth).
The main types of leave include annual leave, sick & carer’s leave, compassionate leave, family & domestic violence leave, community service leave, and long service leave.
Annual leave is at least 4 weeks per year (pro-rata for part-time workers).
Employers can refuse leave only on reasonable business grounds (e.g. peak trading, insufficient notice, or no accrued leave).
If your leave request is unfairly refused, you may be able to challenge it or seek legal advice.
What Are Leave Entitlements in Australia?
Employee leave entitlements refer to the types of paid and unpaid leave that Australian workers can take under the National Employment Standards (NES) and the Fair Work Act.
The most common types of leave available to Australian employees are:
Annual Leave
Sick & Carer’s Leave
Compassionate & Bereavement Leave
Family & Domestic Violence Leave
Community Service Leave
Long Service Leave
Let’s explore these more below.
1. Annual Leave entitlements Australia
Annual leave (also called holiday pay) allows employees to take paid time off work.
Minimum entitlement: 4 weeks per year (pro-rata for part-time employees).
Accrual: Leave begins accruing from the first day of employment and continues year to year if unused.
Application: Employees apply through their employer, who may have block-out periods (e.g. Christmas shutdowns).
At the end of employment, unused annual leave must be paid out in full. In some cases, employees may also receive other end-of-employment payments, such as payment in lieu of notice.
2. Sick & Carer’s Leave
Also called personal leave, this covers illness, injury, or caring responsibilities (such as parental responsibility).
Entitlement: 10 days per year for full-time employees, pro-rata for part-time.
Accrual: Unused personal leave rolls over year to year.
Payment: Employees are not paid out for unused sick leave when employment ends.
Employees may need to provide medical certificates or statutory declarations to access this leave.
To discover the legal risks of dismissing someone for taking sick leave, see our article Terminating an Employee for Taking Sick Leave.
3. Compassionate & Bereavement Leave
Employees are entitled to leave when a loved one dies or suffers a life-threatening illness.
Amount: 2 days per occasion (can be taken consecutively or separately).
Payment: Paid at base rate for part-time and full-time employees.
Evidence: Funeral notices or medical evidence may be required.
4. Family & Domestic Violence Leave
This leave supports employees experiencing domestic violence who cannot manage the impact outside work hours.
Current entitlement (2025): All employees are entitled to 10 days of paid family and domestic violence leave each year. This includes full-time, part-time and casual employees.
- Evidence: Court documents, police reports, or statutory declarations may be required.
Employers must keep this information confidential.
5. Community Service Leave
Covers jury duty and voluntary emergency management activities.
Jury duty: Paid leave (with conditions).
Emergency services volunteering: Unpaid leave, with no limit on time.
Evidence: Employers may request proof of service.
6. Long Service Leave
Granted after long continuous employment with the same employer (usually after 7-10 years, depending on state law).
Each Australian state and territory has its own long service leave legislation. For example:
We explain Long Service Leave in Australia in more depth in our article.
Real Example: When a Leave Request Is Wrongfully Denied
“Anna” worked full-time in retail for three years and applied for two weeks of annual leave six months in advance to attend her sister’s wedding overseas. Her employer refused the request, claiming it was during a “busy trading period” and a black out period for the business.
However, the business did not have an official block-out period policy in place, and Anna had provided reasonable notice. The refusal was therefore considered unreasonable under the Fair Work Act, as employers must have genuine business grounds and policies that are clear to employees.
Anna sought advice from an employment lawyer, who helped her lodge a complaint directly with her employer. The employer eventually approved the leave and updated its workplace leave policy to avoid future disputes.
Key lessons from Anna’s case:
Employers must clearly communicate block-out periods in writing.
Providing reasonable notice strengthens an employee’s leave application.
Employees can challenge unlawful leave refusals under the Fair Work Act.
Seeking early legal advice can resolve disputes quickly.
Frequently Asked Questions
Can Employers Refuse Leave Requests?
Employers can refuse leave requests, but only on reasonable business grounds. Examples include:
Genuine operational needs during peak business times.
A block-out period (e.g. Christmas trading).
The employee has insufficient accrued leave.
The employee provided insufficient notice.
Unlawful refusal of leave may lead to claims under the Fair Work Act, including unfair dismissal claims.
What to Do if Your Leave Request is Denied?
Employees should:
Check your employment contract and workplace policies to confirm your entitlement.
Request written reasons from your employer.
Escalate the matter internally (e.g. HR or management).
Seek legal advice if you believe the refusal breaches the Fair Work Act or NES.
Do casual employees get paid leave in Australia?
No. Casual workers generally don’t receive paid leave, but they are entitled to a casual loading (a higher hourly pay rate) to compensate.
Learn more about Leave Entitlements for Casual Employees in our article.
What is long service leave and when can I take it?
Long service leave is paid leave after long continuous employment (usually 7–10 years) with the same employer. Rules vary by state or territory.
Does sick leave carry over each year in Australia?
Yes. Personal (sick and carer’s) leave accumulates from year to year if unused. However, it is not paid out when employment ends.
About the Author
Farrah Motley
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