Types Of Leave
Your minimum leave entitlements: annual leave, personal and carer's leave, compassionate leave, paid family and domestic violence leave, community service leave, parental leave, public holidays and long service leave, and how they differ in the WA state system.
Your Leave Entitlements At A Glance
Most employees in WA are in the national system, and their minimum leave entitlements come from the National Employment Standards in the Fair Work Act 2009 (Cth). Your award, enterprise agreement or contract may give you more, but never less. For the full list of minimum standards, see our guide to the National Employment Standards.
If you work in the WA state system (for example for a sole trader, a partnership, a WA council or the WA public sector), your leave comes mainly from the Minimum Conditions of Employment Act 1993 (WA) and your WA award instead. The main differences are noted below and on minimum conditions in the WA state system.
| Leave | Minimum entitlement (national system) |
|---|---|
| Annual leave | 4 weeks' paid leave a year (5 weeks for some shiftworkers). Not for casuals. |
| Personal/carer's leave | 10 days' paid leave a year for full-time employees, pro rata for part-time. Not for casuals. See Sickness. |
| Unpaid carer's leave | 2 days each time a family or household member needs care or support. All employees, including casuals. |
| Compassionate leave | 2 days each permissible occasion. Paid, except for casuals (unpaid). |
| Family and domestic violence leave | 10 days' paid leave in each 12-month period. All employees, including casuals. |
| Community service leave | Unpaid leave for voluntary emergency management activities; jury duty (non-casuals are paid for up to 10 days). |
| Parental leave | Up to 12 months' unpaid leave, with the right to request up to 12 more. Eligible casuals included. |
| Public holidays | A paid day off if the holiday falls on a day you would normally work. Not paid for casuals. |
| Long service leave | Set by state law. In WA, 8 and two-thirds weeks after 10 years, under the Long Service Leave Act 1958 (WA). |
Your award or agreement may add further entitlements, such as leave loading on annual leave.
Annual Leave
Annual leave is set by ss 87 to 94 of the Fair Work Act.
| Annual leave | |
|---|---|
| What is it? | Paid time off for rest and recreation, which builds up progressively according to your ordinary hours and carries over from year to year. |
| Who gets it? | Full-time and part-time employees. Casuals do not get paid annual leave; the casual loading is paid instead. |
| How much? | 4 weeks a year, pro rata for part-time employees; 5 weeks for shiftworkers as defined in their award or agreement. |
| Taking it | Taken at a time agreed with your employer, who must not unreasonably refuse a request. An award or agreement may let your employer require you to take leave, but only if the requirement is reasonable. |
| Pay | Your base rate of pay for your ordinary hours. Many awards also require an annual leave loading, so check yours. |
| When the job ends | Untaken annual leave must be paid out. |
| Cashing out | Only if your award or agreement allows it, or by written agreement if you are award-free; at least 4 weeks must remain. |
| WA state system | 4 weeks' paid leave a year (up to 152 hours) under the Minimum Conditions of Employment Act 1993 (WA). |
Compassionate And Bereavement Leave
Compassionate leave is set by ss 104 to 106 of the Fair Work Act.
| Compassionate leave | |
|---|---|
| What is it? | Leave when a member of your immediate family or household dies, or develops a life-threatening illness or injury; when a child who would have been a member of your immediate family or household is stillborn; or when you or your spouse or de facto partner has a miscarriage. |
| Immediate family | Your spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling; the immediate family of your spouse or de facto partner (or former partner); and step-relations and adoptive relations. Other relatives count if they are members of your household. |
| Who gets it? | All employees, including casuals. |
| How much? | 2 days for each permissible occasion. Paid for full-time and part-time employees, unpaid for casuals. |
| WA state system | Up to 2 days' paid bereavement leave on a death in your family or household, including for casuals. |
Paid Family And Domestic Violence Leave
Paid family and domestic violence leave is set by ss 106A to 106E of the Fair Work Act. It applied to employees of larger employers from 1 February 2023 and to employees of small business employers from 1 August 2023.
| Family and domestic violence leave | |
|---|---|
| What is it? | Leave you can take if you are experiencing family and domestic violence and need to do something to deal with its impact that you cannot practically do outside work hours, such as going to the police or attending counselling. |
| Who gets it? | All employees, including full-time, part-time and casual employees. |
| How much? | 10 days of paid leave in each 12-month period. The full amount is available at the start of each year of employment and does not accumulate. |
| Confidentiality | Your employer must keep information about the leave confidential as far as reasonably practicable, and must not use it against you. It must not appear on your pay slip. |
| WA state system | The same 10 days' paid leave applies to WA state system employees through the Fair Work Act, plus 5 days' unpaid leave under the Minimum Conditions of Employment Act 1993 (WA). |
Long Service Leave
Long service leave in WA comes from the Long Service Leave Act 1958 (WA), which covers most WA private sector employees in both the national and state systems. Some employees have a long service leave entitlement under an award, agreement or other law instead, which applies if it is at least as good (s 4A). Construction workers are covered by a separate portable scheme under the Construction Industry Portable Paid Long Service Leave Act 1985 (WA).
| Long service leave (WA) | |
|---|---|
| What is it? | Extra paid leave to recognise long service with the same employer. |
| How much? | 8 and two-thirds weeks after 10 years' continuous employment, then 4 and one-third weeks for each further 5 years. |
| When the job ends | If your employment ends after at least 7 years, you are entitled to a pro rata payment, unless your employer dismissed you for serious misconduct. Resigning does not stop you getting it. |
| Taking it | At a time agreed with your employer. If you cannot agree, your employer must not refuse leave that fell due more than 12 months earlier, if you give at least 2 weeks' notice. |
| Where to claim | The Industrial Magistrates Court hears long service leave claims. The time limit is 6 years. |
Unpaid Parental Leave
Parental leave is set by ss 67 to 85 of the Fair Work Act. The same entitlement reaches WA state system employees through Part 6-3 of the Act. Separately, the Australian Government's Paid Parental Leave scheme can pay you parental leave pay, and your employer may offer paid parental leave in an agreement, contract or policy.
| Unpaid parental leave | |
|---|---|
| What is it? | Unpaid leave when you or your spouse or de facto partner gives birth, or a child under 16 is placed with you for adoption, and you have responsibility for the care of the child. |
| Who gets it? | Full-time and part-time employees with at least 12 months' continuous service, and regular casuals employed on a regular and systematic basis for at least 12 months with a reasonable expectation of continuing. |
| How much? | Up to 12 months' unpaid leave. Up to 100 days of it can be taken flexibly, as single days or blocks, within 24 months of the birth or placement. |
| Extending it | You can ask in writing, at least 4 weeks before your leave ends, for up to 12 more months. Your employer must respond in writing within 21 days and can refuse only on reasonable business grounds after discussing it with you. Since 6 June 2023 the Fair Work Commission can deal with disputes about a refusal. Leave cannot extend beyond 24 months after the birth or placement. |
| Coming back | You are entitled to return to your pre-parental leave position, or a comparable one if that job no longer exists. |
If you have not been given the leave you are entitled to, or were treated badly for taking it, contact us for a free confidential discussion.