Under the NES,an employee’s entitlement to annual leave accrues progressively during a year of service based on their ordinary hours of work.
The ordinary hours of work for an employee will normally be determined by a transitional instrument, modern award or enterprise agreement.
You can use the Leave Calculator to calculate annual and personal leave entitlements under the NES.
Employers are required to keep a record that sets out the balance (if any) of an employee’s leave entitlement “from time to time”.
If an employee requests leave or their employment ends, the employer must be able to find out the employee’s entitlement at that time.
An employee doesn’t have to wait until the end of a particular period to be entitled to annual leave.
It is best practice for an employer to record the accrual of leave at least once a month (or more often if required by the applicable award or agreement). Find out more about record-keeping requirements, including leave records, on the Time & wages records page.
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