From 1 January 2010 annual leave entitlements form part of the National Employment Standards (NES) and replace minimum entitlements under the Australian Fair Pay and Conditions Standard (the Standard).
Under the NES, all employees (except casual employees) get paid annual leave based on their ordinary hours of work.
An employee’s entitlement to annual leave under the NES accrues progressively during a year of service according to their ordinary hours of work and accumulates from year to year.
On termination of employment an employer must pay an employee for any untaken annual leave which has accrued. Leave continues to accumulate while employees are taking paid annual leave and paid personal leave. However, leave does not normally accumulate during periods of unpaid leave, such as unpaid parental leave, or unpaid authorised absences.
You can use the Leave Calculator to calculate annual leave entitlements under the NES.
Note: An annual leave entitlement that comes from an award or agreement may be different from that provided for in the NES, but cannot be less than the NES entitlement.