Leave entitlements are a critical part of workplace rights in Australia, ensuring employees have the flexibility to manage personal, health, and family needs. For hourly workers - employees paid based on the number of hours worked with variable paychecks and overtime eligibility - understanding the types of leave available under the National Employment Standards (NES) is essential for both compliance and planning.
This blog explores they types of leave available to hourly workers in Australia.
Annual leave allows employees to take paid time off work while still earning their regular wages. However, casual hourly workers are not entitled to annual leave, they receive a casual loading (usually 25%) on their hourly rate to compensate for this.
Full-time and part-time employees accrue 4 weeks (2.923 hours per week worked) of annual leave per year, and shift workers accrue 5 weeks of annual leave per year. Part-time employees accrue leave on a pro-rata basis.
A part-time retail worker who works 20 hours per week will accrue half the annual leave of a full-time employee working 38 hours per week.
Personal or carer's leave, often refereed to as sick leave, supports employees during illness or injury or when caring for immediate family members. Casual workers are not entitled to paid personal/carer's leave but can access unpaid leave when necessary.
Full-time and part-time employees accrue 10 days of paid personal/carer's leave annually.
A part-time workers accrues this leave based on their ordinary hours worked. If they work half of the hours of a full-time employee, they will accrue 5 days per year.
Compassionate leave allows employees to take time off when a family member passes away or suffers a life-threatening illness or injury. This entitlement applies to all employees, including casuals.
2 days of compassionate leave per occasion.
Hourly workers can take this as a single two-day period or two separate days.
Parental leave provides time off for the birth or adoption of a child. Casual employees are eligible if they have been employed on a regular and systematic basis for at least 12 months.
Up to 12 months of unpaid parental leave, with the option to request an additional 12 months.
A casual worker who has consistently worked for over a year can take unpaid parental leave following the birth of their child.
This type of leave allows employees experiencing family or domestic violence to take time off to deal with related issues, such as attending court hearings or accessing support services.
All employees, including casuals, are entitled to 10 days of paid family and domestic violence leave annually.
An hourly worker can use this entitlement as needed throughout the calendar year.
Long service leave rewards employees who have worked with the same employer for an extended period. The entitlement varies by state and territory laws but typically applies after 7-10 years of service.
Varies by state/territory but is usually around 8-13 weeks after 10 years of service.
An hourly worker in Victoria may be entitled to long service leave after completing seven years with their employer.
Community service leave allows employees to take time off for activities such as jury duty or volunteering during emergencies.
Casual workers are entitled to unpaid community service leave, while full-time and part-time employees may be entitled to make-up pay for jury duty.
An hourly worker summoned for jury duty will receive payment from their employer for up to 10 days.
Hourly workers in Australia have access to various types of paid and unpaid leave under the NES, ensuring they can balance work with personal responsibilities. While casual workers rely on casual loading instead of paid entitlements like annual and sick leave, they still have access to unpaid leave such as carer’s or community service leave. Employers should ensure compliance with these standards while fostering fair workplace practices that support their workforce.