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Australia Leave Laws
Do you have employees living and working in Australia? If so, brush up on Australia’s leave laws, in relation to observed public holidays, annual leave, sick leave, maternity and paternity leave, and more.
Australian Public Holidays
Australia has eight states or territories, each with its own public holidays. These are: Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia.
Here are the public holidays in each territory for 2022 – note that if a holiday such as New Year’s Day or Christmas Day falls on a Saturday or Sunday, there is an additional public holiday given the following working day.
Australian Capital Territory
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| March 14th: | Canberra Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| May 30th: | Reconciliation Day |
| June 13th: | Queen’s Birthday |
| October 3rd: | Labour Day |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
New South Wales
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| June 13th: | Queen’s Birthday |
| October 3rd: | Labour Day |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
Northern Territory
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| May 2nd: | May Day |
| June 13th: | Queen’s Birthday |
| August 1st: | Picnic Day |
| December 24th: | Christmas Eve (from 7pm to midnight) |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
| December 31st: | New Year’s Eve (from 7pm to midnight) |
Queensland
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| May 2nd: | Labour Day |
| April 25th: | ANZAC Day |
| August 10th: | Royal Queensland Show (Brisbane area only) |
| October 3rd: | Queen’s Birthday |
| December 24th: | Christmas Eve (from 6pm to midnight) |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
South Australia
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| March 14th: | Adelaide Cup Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| June 13th: | Queen’s Birthday |
| October 3rd: | Labour Day |
| December 24th: | Christmas Eve (from 7pm to midnight) |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
| December 31st: | New Year’s Eve (from 7pm to midnight) |
Tasmania
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| March 14th: | Eight Hours Day |
| April 15th: | Good Friday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| June 13th: | Queen’s Birthday |
| November 7th: | Recreation Day |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
Victoria
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| March 14th: | Labour Day |
| April 15th: | Good Friday |
| April 16th: | Easter Saturday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| June 13th: | Queen’s Birthday |
| November 1st: | Melbourne Cup |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
Western Australia
| Date | Holiday |
|---|---|
| January 1st: | New Year’s Day |
| January 26th: | Australia Day |
| March 7th: | Labour Day |
| April 15th: | Good Friday |
| April 17th: | Easter Sunday |
| April 18th: | Easter Monday |
| April 25th: | ANZAC Day |
| June 6th: | Western Australia Day |
| September 26th: | Queen’s Birthday |
| December 25th: | Christmas Day |
| December 26th: | Boxing Day |
Public Holiday Pay
If a public holiday falls on a day that an employee usually works, they’re entitled to the day off, along with their regular base rate of pay.
If the employee does work on a public holiday, they may be entitled to extra pay, and/or an additional paid day off (to be taken at a later date). This depends on their employment agreement.
Annual Leave in Australia
As per the National Employment Standards, all employees in Australia are entitled to four weeks of annual leave (based on the regular number of hours they usually work).
For example, if someone works 40 hours per week, they will be entitled to 160 hours (40 hours x 4 weeks) annual leave each year.
For a part time employee, working 20 hours per week, they will be entitled to 80 hours (20 hours x 4 weeks).
One exception is shift workers, who are entitled to five weeks’ paid leave per year.
The minimum leave entitlements apply to all permanent employees. Casual employees (those without fixed working hours) are not entitled to annual leave by default.
Accruals & Rollovers
Starting the first day of employment, annual leave begins to accrue for an employee. This means the employee’s leave entitlement gradually accumulates as they work – as opposed to receiving the entire year’s leave at one time.
Annual leave rolls over at the end of the year – an employee does not have to take their annual leave during the year in which it is given.
Paying Out Leave
Employees may be allowed to take annual leave out as cash. The rules on this come down to their employment agreement. This can be agreed upon between employee and employer, and a written agreement should be supplied.
Employers may require employees to cash out part of their annual leave, should it reach “excessive” levels, which generally means the employee has either weeks’ annual leave banked (or 10 weeks for shift workers).
Sick Leave in Australia
All employees in Australia are entitled to sick and carer’s leave. This covers when the employee is unwell and unable to work, or when needing to care for an immediate family member, such as:
- Spouse or former spouse
- De facto partner or former de facto partner
- Child
- Parent
- Grandparent
- Grandchild
- Sibling
- Child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner (or former spouse or de facto partner)
- Step-relation (e.g. step-child, step-parent)
- Adoptive relation
It also includes household members, meaning any person that lives with the employee.
Full-time employees receive 10 days’ sick and carer’s leave per year. For part-time employees, this is calculated pro-rata, at 1/26th of their regular working hours.
This figure begins accumulating from the employee’s first day of work.
An employee must give notice to their employer to get paid for sick and carer’s leave, and the employer can ask for evidence, such as a medical certificate.
Maternity Leave in Australia
When an employee gives birth, their partner gives birth, or they adopt a child under 16 years of age, they are entitled to paid parental leave.
This entitles the employee to up to 18 weeks’ paid leave, as long as certain conditions are met.
Employees are also entitled to up to 12 months of unpaid parental leave.
To be eligible, employees must be the primary caregiver for the child, as well as having worked for their employer for at least 12 months prior to the birth or adoption date.
Paternity Leave in Australia
Working dads and partners (including same-sex partners) are entitled to Dad and Partner Pay when their child is born, or they adopt a child under 16. This gives up to 2 weeks’ paid leave, should the employee be eligible.
Additional Leave Types
Bereavement Leave in Australia
Employees are entitled to compassionate and bereavement leave in the following circumstances:
- An immediate family member dies, or gets a life-threatening illness or injury
- A baby in their household or immediate family is stillborn
- The employee has a miscarriage
- The employee’s spouse or de facto partner has a miscarriage
The length of bereavement leave in Australia is 2 days, unless the employment agreement allows for more.
Family & Domestic Violence Leave
All employees – including part-time and casual employees – can take up to 5 days unpaid family and domestic violence leave per year, in the case of receiving violent, threatening or otherwise abusive behavior by a close relative.
This includes:
- Spouse or former spouse
- De facto partner or former de facto partner
- Child
- Parent
- Grandparent
- Grandchild
- Sibling
Long Service Leave
Individual states and territories in Australia have various rules in regards to long-service leave. For example, if an employee works for 7 years with the company, they may receive additional annual leave each year.
Find each state’s rules here.
Community Service Leave
Employees can take leave for certain community activities, such as emergency management activities or jury duty.
There is no time limit for the amount of community service leave an employee can take. This is generally unpaid, with the exception of jury duty, which is paid.
Learn more:
Relevant Legislation for Reference
National Employment Standards – Fair Work Ombudsman
Services Australia – Parental Leave
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
