Annual Leave

FAQ & Need more help?

Quick FAQ

  • Can my employer refuse my leave? Only if refusal is reasonable and consistent with the instrument/NES; blanket refusals are not appropriate.
  • What counts as “excessive”? Many awards use about 8 weeks (or 10 weeks for shift workers) with a process to try to agree first.
  • Do I get leave loading? Only if your award/EA/contract provides it (often 17.5%; sometimes interacts with penalties).
  • Can approved leave be cancelled? Changes should be by agreement. Employers should consult and have sound reasons; check your instrument/policy.
  • Does annual leave accrue while I’m on leave? Generally yes during paid leave; generally no during unpaid leave (subject to instrument rules).
  • Can I take leave in small blocks? Often yes by agreement, provided the request is reasonable and operational needs can be met.
  • What about leave during a notice period? You and your employer can agree to take annual leave during notice; accrued leave is still paid out on termination.
  • What happens when I leave my job? Accrued annual leave (and loading, if it would have applied) is paid out in your final pay.

General information, not legal advice. Annual leave rights vary depending on your award, enterprise agreement, contract, and circumstances.

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