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Leave & Entitlements (NES-Aligned)

What is a Annual leave?

Updated 27 Jan 2026 5 min read

Annual leave is paid time off that accrues for permanent employees in Australia. Under the National Employment Standards (NES), full-time employees are entitled to 4 weeks (20 days) of paid annual leave per year, with part-time employees receiving a pro-rata amount based on their ordinary hours.

Understanding annual leave

Annual leave is one of the key entitlements under Australia's National Employment Standards (NES). It provides employees with paid time off to rest, recover, and maintain work-life balance.

Full-time employees

  • 4 weeks (20 days) per year
  • Accrues progressively
  • Based on ordinary hours
  • Accumulates year to year

Part-time employees

  • Pro-rata entitlement
  • Based on agreed hours
  • Same accrual rate
  • Same conditions apply

How annual leave accrues

Annual leave accrues progressively throughout the year based on ordinary hours worked:

Accrual calculation

Full-time: 2.923 hours per week
Part-time: Pro-rata based on hours
From day one: Accrual starts immediately
Unlimited accumulation: No cap under NES

Taking annual leave

Employees and employers must work together to schedule annual leave. The process involves:

  • Employee request: Give reasonable notice of leave dates
  • Employer response: Cannot unreasonably refuse requests
  • Direction to take leave: Employers can direct employees to take excessive leave in some circumstances
  • Shutdown periods: Some awards allow employers to direct leave during shutdowns

Excessive leave balances

Under some awards, employers can direct employees to take annual leave if their balance exceeds 8 weeks (or 10 weeks for shift workers). Check your applicable Modern Award for specific provisions about managing excessive leave.

Annual leave payment

During leave

  • Paid at base rate of pay
  • Leave loading may apply (typically 17.5%)
  • Check award for loading requirements

On termination

  • All accrued leave paid out
  • Includes leave loading if applicable
  • In final pay regardless of reason

Common annual leave mistakes

Not paying leave loading

Many awards require 17.5% leave loading on annual leave payments. Failing to pay this is underpayment.

Unreasonably refusing leave

Employers must have genuine business reasons to refuse leave requests. Blanket refusals are not permitted.

Not tracking accruals correctly

Annual leave must be tracked accurately from day one of employment, including during probation periods.

Key takeaways

Annual leave is a fundamental entitlement for permanent employees in Australia. Employers must ensure accurate accrual tracking, timely payment including any leave loading, and fair consideration of leave requests.

RosterElf's leave management automatically tracks annual leave accruals, manages leave requests, and ensures accurate leave balances for all your employees.

Frequently asked questions

RosterElf Team

Written by

RosterElf Team

The RosterElf team comprises workforce management specialists with deep expertise in Australian employment law, rostering best practices, and payroll compliance. Our team works directly with businesses across hospitality, healthcare, retail, and service industries to develop practical solutions for common workforce challenges.

General information only – not legal advice

This glossary article about annual leave provides general information about Australian employment law and workplace practices. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.

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