Types Of Leave
Employment Entitlements Contract Review

Types Of Leave

Here are some of the main types of leave that you may be entitled to:

Annual Leave
What is it? When you can take time off work and still be paid.
Who gets it? All employees except for casual employees.
What are my minimum entitlements? If the National Employment Standards apply to you (and they apply to most employees) and you are a full-time or part-time employee, you are entitled to 4 weeks’ worth of your ordinary hours of work per year paid on a pro-rata basis. You may have an award, enterprise agreement, or other registered agreement that allows you a greater amount of Annual Leave. Your employment contract may also allow you a greater amount. However, the employment contract cannot allow you less than the National Employment Standards.
Public Holiday Leave
What is it? When you can be absent from work and still be paid if the day is a public holiday for your State. You can also reasonably refuse to work on a public holiday.
Who gets it? All employees (except casuals) who have their ordinary hours of work on the particular public holiday are entitled to be paid for that day off. The above also excludes, for example, part-time employees who do not have their ordinary hours falling on the day of the public holiday.
What are my minimum entitlements? If you are entitled to be absent from work due to a public holiday, you must be paid your base rate for that day off work. This excludes penalty rates and any overtime you normally would have worked.
Long Service Leave
What is it? When you get extra leave to recognise your long service with your employer.
Who gets it? It depends on your State or Territory. States and Territories have their own laws regarding Long Service Leave. In Western Australia, full-time, part time and casual employees are entitled to long service leave. In WA, employees in the construction industry are covered by the portable paid long service leave scheme.
What are my minimum entitlements? It depends on your State or Territory. You should also review any award, enterprise agreement, or other registered agreement. In WA, general speaking the entitlements are:
- After 10 years of service: 8 & 2/3 weeks long service leave;
- After 10 years, for every additional 5 years of service: 4 & 1/3 weeks long service leave
If your employment is terminated after 7 years of service (provided it is not for serious misconduct), then you are generally entitled to be paid pro-rata long service leave.
Community Service Leave
What is it? When you can take leave for certain community service activities. It is unpaid leave unless it is for jury duty. Other than jury duty, an allowed community service activity is “voluntary emergency management”. However, it must be with a recognised emergency management body, such as the RSPCA.
Who gets it? All employees.
What are my minimum entitlements? There is no limit as long as it is for an allowed community service activity, but you must give notice of the Community Service Leave to your employer
Unpaid Parental Leave
What is it? Unpaid leave that can be taken when an employee or their partner gives birth, or when an employee adopts a child under 16 years old.
Who gets it? Full-time and part-time employees who will have:
- worked for their employer for the 12 months preceding the birth, adoption, or, if leave is to be taken after someone else has already cared for the child, when the leave begins; and
- responsibility for the child’s care.

Casual employees can still claim Unpaid Parental Leave, but they need to satisfy the same requirements above in addition to the following:
- regular and systematic work for their employer for at least 12 months; and
- a reasonable expectation of continued regular and systematic work with the employer if it were not for the child.
What are my minimum entitlements? You are entitled to at least 12 months of unpaid leave. You also have the option of requesting an additional 12 months of unpaid leave.

Your employer may additionally provide for paid parental leave in your applicable registered agreement, in your employment contract, or in your particular workplace’s policies. The national government also has a Paid Parental Leave Scheme, under which you can additionally receive parental leave pay.