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Leave & Entitlements (NES-Aligned)

What is a Military leave?

Updated 27 Jan 2026 5 min read

Military leave in Australia (commonly called Defence Reserve leave) allows employees who are members of the Australian Defence Force Reserves to take time off for training and service. Employers cannot disadvantage employees for their Reserve service, though paid leave is not mandatory under the NES.

Understanding military leave

In Australia, military leave primarily relates to the Australian Defence Force (ADF) Reserve service. Around 20,000 Australians serve as Reservists in the Army, Navy, and Air Force Reserves, balancing civilian employment with military training and potential deployment.

Reserve service types

  • Annual continuous training
  • Weekend training exercises
  • Specialised courses
  • Operational deployment

Typical commitments

  • 20-50 days per year
  • 2-week annual camp
  • 1 evening per week
  • 1 weekend per month

Defence reserve leave entitlements

While the NES doesn't mandate paid military leave, strong protections exist:

Legal protections

No discrimination: For Reserve membership
No disadvantage: In employment terms
Job protection: During service periods
Return rights: To same or similar role

Job protection for reservists

The Defence Reserve Service (Protection) Act 2001 provides strong protections:

  • Voluntary service: Employers cannot unreasonably refuse leave
  • Compulsory service: Leave must be granted (call-out situations)
  • No dismissal: Cannot dismiss due to Reserve membership
  • Continuity: Service counts toward continuous employment

Reasonable refusal

Employers can refuse leave for voluntary Reserve service in limited circumstances - such as if it would cause unreasonable hardship to the business. However, this must be a genuine business reason, not simply inconvenience.

Employer support scheme

Defence employer support program

  • Financial support available
  • Recognition programs
  • Employer liaison officers
  • Training schedule coordination

Benefits for employers

  • Skilled, disciplined employees
  • Leadership training benefits
  • Emergency response skills
  • Supporting national defence

Common military leave mistakes

Discriminating against Reservists

Refusing to hire, promote, or fairly treat employees because of their Reserve commitments is unlawful under the Defence Reserve Service (Protection) Act.

Unreasonably refusing leave

Leave for voluntary Reserve service can only be refused if it causes genuine business hardship. General inconvenience is not sufficient grounds for refusal.

Not maintaining employment conditions

Reservists on service maintain their employment relationship. They shouldn't be disadvantaged in leave accrual, seniority, or other entitlements.

Key takeaways

Supporting employees who serve in the Defence Reserves is both a legal obligation and an opportunity to benefit from highly skilled, disciplined team members. Understanding the protections and working with Defence's employer programs creates positive outcomes for everyone.

RosterElf's leave management helps you track Defence Reserve leave alongside other leave types, ensuring you maintain accurate records and plan for absences.

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 military 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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