I need time off. What are my leave entitlements?
Have you ever needed time off but you’re unsure how to ask? Or worse, your boss refuses your request? All workers in Australia are covered by the National Employment Standards (NES) that include both paid and unpaid leave entitlements.
Your leave entitlements are crucial when:
- You or a loved one gets sick or stressed
- You need a break to avoid burnout
- You need a mental health day
- You start a family
- You need some work/life balance
- You need quality time with friends and family
- Your aging parents need your help
- You’re experiencing domestic violence
- You’re undergoing treatment
- Someone close to you has passed away
- You have cultural festivities or commitments
- You are serving the community, such as Jury Duty or volunteer firefighting
I need a holiday
Permanent employees get a minimum of 4-weeks holiday pay per year. Even if you’re a part-time worker. Many shift workers are entitled to 5 weeks each year. Casual workers don’t get paid holidays, but are still entitled to unpaid leave. Check your award or agreement to find out how much leave Annual Leave you get. Don’t know how to check this? Read our blog on the topic.
Do I get public holidays?
There are different public holidays depending on which state or territory you work in. Check your award or agreement to know what penalty rates you’re entitled to. Fill out the form at the bottom of this page to download our handy state-by-state guide, so you won’t miss out on penalty rates for public holidays in your state or territory.
You or a loved one is sick or injured? We've got you
All workers are entitled to sick leave, even casuals. The difference for casuals is that it’s unpaid. This type of leave is called Personal Leave. It accrues the longer you’re with the same employer and includes Carer’s Leave for when a loved one is sick or injured. The standard for permanent employees is 10 days per year (adjusted for part-time roles). If you need Personal/Carer’s Leave for more than 2 or 3 days, you may require a doctor’s certificate to access more. Check out this UWU member benefit for affordable medical certificates for work absences – No Medicare card required.
Did you know? If you get sick while on Annual Leave, you can request to swap it out for Personal Leave. Make sure you get a doctor’s certificate if you want to do this.
Use time off to protect your physical and mental health
You should always take Personal Leave to protect your health, and this includes your mental health. Mental health is not just a personal issue, it’s a workplace issue. Workloads, understaffing, bullying and psychosocial hazards can all lead to burnout. Burnout is not a personal failure, it’s a warning sign that you need some time off. Personal Leave doesn’t travel with you when you leave your job, which is another good reason to make sure you take it when you need it.
Starting a family? Here’s how to manage
Parental Leave (PL) is for when you start a family. You must have worked for 12 months with the same employer to access PL. Some employers offer Paid Parental Leave (PPL). But even if there’s no paid leave offered, your employer must still give you a minimum of 12 months to care for your baby. You can access the government PPL scheme if this is your situation, so you don’t lose an income or your job. From 1 July 2026, the Labor Government’s PPL scheme has been extended to 24 weeks, paid at the National Minimum Wage.
Some employers offer more than the minimum, so it’s definitely worth checking your award or agreement if you’re planning to have a family.
Watch our FREE member workshop on Women at Work for detailed information about Parental Leave.
Did you know Long Service Leave is available to casual workers?
Australia is one of a few countries that offers Long Service Leave (LSL) to employees that have worked for the same employer for over 7-10 years. It’s not part of the NES, but LSL has different rules according to what state you work in, so it’s worth checking your award or agreement to see what your entitlements are. Watch our workshop on Casual Workers’ Rights to learn more about LSL entitlements available to casual workers.
I don’t have enough leave. Can I ask for Leave Without Pay?
If you’ve run out of leave, it’s still worth asking your employer if you can take leave without pay. Under the NES, you have the right to take unpaid leave in some circumstances, so that you don’t have to quit your job. Find out more on the Fair Work website.
I have cultural commitments
In some states and workplace agreements, First Nations staff are entitled to Cultural and Ceremonial Leave during NAIDOC week or for Sorry Business. This recognition is an important step forward for Reconciliation. UWU’s Culture Doesn’t Clock Off campaign is aimed at building new rights and justice for First Nations members.
This member led, member driven campaign that is working to establish cultural and ceremonial leave as a legislated industrial right and practice through bargaining across UWU industries. Once this principle is widespread in Agreements, it is a lot easier to argue for legislative change. You can sign the pledge to support cultural leave and kinship rights here.
When you’re struggling and need time to deal
Sometimes, we need time off to find safety or to grieve. Family & Domestic Violence Leave is a key entitlement under the NES. If you need time off to keep you and your family safe, approach your employer. You are entitled to 10 days per year. Compassionate and Bereavement Leave is for when you experience a miscarriage, lose a baby, or a loved one has died and you need time to grieve. The length of leave is at the discretion of your employer, but it’s open to all workers, including casuals.
UWU members have won all kinds of leave
Other types of leave that United Workers’ Union members have negotiated include Gender Affirmation Leave for casino workers at Crown, Victoria, Birthday Leave for laundry staff at Ensign and Cultural Leave for health workers in WA.
If you’re interested in negotiating more leave entitlements at your workplace, consider joining United Workers Union and get involved in bargaining for more leave.