High Court decision: accrual of personal/carer’s leave

Published 13 August 2020 | Updated 18 August 2020

The High Court has handed down a decision clarifying how paid personal/carer’s leave is accrued and taken.

On 13 August 2020, the High Court of Australia handed down a decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29 about the method of accruing and taking paid personal/carer’s leave under the National Employment Standards (Mondelez High Court decision).

On this page:

Summary of the decision and what it means for you

The High Court of Australia has clarified that:

  • the entitlement to 10 days of personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work, not working days
  • 10 days of personal/carer’s leave can be calculated as 1/26 of an employee’s ordinary hours of work in a year.

The High Court’s decision overturns a decision made by the Full Federal Court of Australia in August 2019. In that decision, the Full Federal Court had determined that personal/carer’s leave was calculated in working days, not hours.

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