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Getting leave from work

The leave you are entitled to at work will depend on whether you are employed on a full-time, part-time, temporary or casual basis and which award covers your job.

Generally, if you work part-time you should receive all the leave entitlements of a full-time employee on a pro-rata or proportional basis. See also: Part-time employment and Full-time employment.

If you are a casual worker you should receive an additional payment, called a loading, instead of getting sick leave and other entitlements. Under the modern awards this loading has been identified as 25%. Check your award for details. See also: Casual employment

Annual holiday leave

Full-time and part-time employees in New South Wales are entitled to a minimum of four weeks paid leave each year. This includes all employees, whether they are paid a salary, wages, piecework rates or are paid wholly or partly by commission.

Leave loading

Workers under a modern award may get an additional payment on top of their wage when they go on a period of annual leave. This is called leave loading and under most awards this loading is 17.5% Check your modern award to find out if this applies to you.

Long service leave

For those workers whose entitlement to Long Service Leave comes from the NSW Long Service Leave Act 1955, an eligible worker is entitled to 8.67 weeks of paid leave after 10 years of continuous service. 
If you have more then 5 years but less then 10 years service and your boss terminates your employment, you may have an entitlement to what is called pro rata long service leave. If you resign during the same period, you might forfeit your entitlement.

Parental leave

Leave for employees having or adopting a child, unless otherwise specified in an award or agreement. Parental leave can be:

  • maternity leave, in connection with a pregnancy or the birth of a child
  • paternity leave, for male employees whose spouse is having a child
  • adoption leave, for parents who have adopted a child under 18 years of age.

Personal / Carers’ leave

If you are a full-time or part-time employee you are entitled to paid leave if you are unable to attend work because of illness or injury.

Personal / carers' leave can also be used to take care of a family member who is sick. If you take personal carers' leave you must be the one responsible for the care of the person who is sick.

Workers are entitled to 10 days paid personal / carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required. This leave accrues progressively during a worker’s years of service according to the hours worked each week.

Untaken sick leave accumulates as long as you remain with that employer.

If you are a casual worker you won’t be entitled to paid personal carers leave.

Leave without pay

A form of leave granted when an employer permits you to take time off work without pay, for a specified period. 


Copyright © 2011 Money Stuff

An initiative from NSW Fair Trading


Last Updated: 26 November 2012

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This information must not be relied upon as legal advice. For more information about this topic, refer to the appropriate legislation.

© State of New South Wales through NSW Fair Trading
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