Understanding unpaid time off
Unpaid time off allows employees to take leave without receiving their regular pay. In Australia, some unpaid leave is legally protected under the National Employment Standards, while other unpaid leave requires mutual agreement between employer and employee.
Protected unpaid leave
- Parental leave (12 months)
- Carer's leave (2 days/occasion)
- Compassionate (casuals)
- Community service leave
Discretionary unpaid leave
- Extended travel
- Study or training
- Personal matters
- Career breaks
Protected unpaid leave under NES
Several types of unpaid leave are legally protected:
NES unpaid leave entitlements
Requesting unpaid leave
- Written request: Put your request in writing with dates and reasons
- Advance notice: Give as much notice as possible
- Business impact: Consider timing and coverage needs
- Negotiation: Be open to alternative arrangements
Using paid leave first
Employers may require employees to use accrued annual leave or personal leave before approving unpaid leave. Check your employment contract or enterprise agreement for specific requirements.
Impact on entitlements
What may be affected
- Annual leave accrual pauses
- Personal leave accrual pauses
- Long service leave may be affected
- Superannuation not paid
What continues
- Employment relationship maintained
- Right to return to role
- Continuous service (usually)
- Unfair dismissal protections
Common unpaid leave mistakes
Refusing protected unpaid leave
Employers cannot refuse NES-protected unpaid leave such as parental leave or carer's leave when employees meet eligibility requirements.
Not documenting agreements
Always put unpaid leave agreements in writing, including dates, duration, and any conditions. This protects both parties.
Breaking continuous service
Extended unauthorised absence can break continuous service and affect entitlements. Always get proper approval before taking unpaid time off.
Key takeaways
Unpaid time off serves as an important safety net when paid leave isn't available or sufficient. Understanding which unpaid leave is legally protected helps both employers and employees navigate leave requests appropriately.
RosterElf's leave management helps you track all leave types - paid and unpaid - ensuring accurate records and seamless roster adjustments.
