General-information tool, not legal or industrial-relations advice. Results show the National Employment Standards minimum: your award, enterprise agreement, or employment contract may provide more annual leave, leave loading, or different accrual arrangements. Check those documents, or the Fair Work Ombudsman (fairwork.gov.au), for the specific rules that apply to you.
How annual leave accrual works under the NES
The Fair Work Act 2009's National Employment Standards (NES) set the floor for paid annual leave at 4 weeks per year of service, measured in ordinary hours, rising to 5 weeks for shiftworkers as defined in an award or registered agreement. Per the Fair Work Ombudsman, that works out to:
- Full-time (38 hrs/week): 152 hours per year, accruing at about 2.92 hours per week.
- Part-time: pro rata on your contracted ordinary hours. A 20-hour-a-week part-timer accrues 80 hours per year, about 1.54 hours per week.
- Shiftworker (award-defined): 5 weeks. On a 38-hour week that is 190 hours per year, about 3.65 hours per week.
- Casual: no paid annual leave; a 25% casual loading is paid instead.
Accrual is progressive from your first day and is based on ordinary hours only, so overtime doesn't add leave. Leave keeps accruing while you're on paid leave (including paid personal leave and long service leave) but generally not during unpaid leave. Unused annual leave accumulates from year to year with no expiry under the NES, and is paid out when employment ends (Fair Work Act s90).
Annual leave vs personal/carer's leave
Both come from the NES, but they are separate balances. Annual leave is 4 weeks a year for rest and recreation, taken at times you agree with your employer, and paid out on termination. Personal/carer's leave is 2 weeks a year (10 days full-time) for your own illness or injury, or to care for an immediate family or household member, and is not paid out when you leave. To work out that side of the ledger, use our sick leave calculator.
If you're looking after an unwell family or household member, that time generally comes from personal/carer's leave rather than annual leave, and your employer may ask for evidence such as a carer's certificate.
Sick or injured during annual leave
Per Fair Work guidance, if you become sick or injured while on annual leave, you may be able to take paid personal/carer's leave for those days instead, which keeps the annual leave in your balance. Your employer can still require notice and evidence, such as a medical certificate, and an employer can't direct you to take annual leave while you're taking personal leave.
If you need that evidence while you're away from your usual GP, NewDoc's telehealth GPs can assess you in an online consultation and issue a medical certificate where clinically appropriate, bulk billed for eligible Medicare patients. Get a medical certificate online.
Public holidays, cashing out, and leaving your job
Public holidays: if a public holiday falls during your annual leave on a day you'd normally work, that day counts as the public holiday, not annual leave, so it isn't deducted from your balance (Fair Work Act s89).
Cashing out: some awards and registered agreements allow annual leave to be cashed out. Conditions apply under the Fair Work Act (ss92 to 94): each agreement must be in writing, you must keep at least 4 weeks accrued after the cash-out, and the payment must be at least what you would have been paid had you taken the leave. An employer can't force you to cash out, so treat it as an option to check in your award, not a promise.
When employment ends: unused annual leave is paid out at least at the amount you'd have received had you taken it, including annual leave loading where it would have applied (Fair Work Act s90).
Frequently asked questions
How many weeks of annual leave do you get per year in Australia?
Under the National Employment Standards, full-time and part-time employees accrue 4 weeks of paid annual leave for each year of service, based on their ordinary hours of work. Part-time entitlements are pro rata: 4 weeks of a 20-hour week is 80 hours. Shiftworkers as defined in an award or registered agreement receive 5 weeks. Casual employees do not accrue annual leave.
How much annual leave do I accrue per week?
Your annual entitlement divided by 52. A full-time employee on 38 ordinary hours a week accrues 152 hours a year, which is about 2.92 hours of annual leave per week (5.85 hours a fortnight, or roughly 12.67 hours a month). A part-timer on 20 hours a week accrues about 1.54 hours per week, and an award-defined shiftworker on 38 hours accrues about 3.65 hours per week.
Does annual leave accrue on overtime?
No. Annual leave accrues on your ordinary hours of work only. Overtime hours, penalty rates, allowances and bonuses do not add to your leave accrual, even where they are a regular part of your pay.
Do casual employees get annual leave?
No. The Fair Work Act's annual leave provisions apply to employees other than casuals (s86). Casuals are instead paid a casual loading, 25% under most awards, on top of the base rate, which partly compensates for not receiving paid leave. An eligible casual who converts to permanent employment starts accruing annual leave from the conversion.
Does unused annual leave expire?
No. Under the NES, annual leave accumulates from year to year with no expiry date. Many awards do include excessive-balance clauses, often applying once you have more than 8 weeks accrued, that allow an employer, after genuine consultation, to direct an employee to take some of it. Check your award for the details.
What happens to my annual leave when I leave my job?
Unused annual leave is paid out when employment ends. Under s90(2) of the Fair Work Act, the payment must be at least what you would have been paid had you taken the leave during employment, which includes annual leave loading where it would have applied. This applies whether you resign or are dismissed.
Can my employer refuse my annual leave request?
Annual leave is taken at times agreed between you and your employer, and under s88 of the Fair Work Act an employer must not unreasonably refuse to agree to a request. What is reasonable depends on things like operational needs, how much notice you gave, peak periods and the needs of other staff. Awards and agreements often add rules about notice and shutdown periods, so check yours.
What if I get sick during my annual leave?
Fair Work guidance says an employee who is sick or injured while on annual leave may be able to use paid personal/carer's leave for those days instead, so the annual leave stays in their balance. Your employer can still require notice and evidence, such as a medical certificate, and cannot direct you to take annual leave while you are on personal leave. NewDoc's telehealth GPs can consult online and issue a medical certificate where clinically appropriate, bulk billed for eligible Medicare patients.
Does annual leave accrue while I am on unpaid leave?
Generally no. The Fair Work Ombudsman confirms annual leave keeps accruing during paid leave, including paid annual leave, paid personal/carer's leave, community service leave such as jury duty, and long service leave. It does not accrue during unpaid annual leave, unpaid personal/carer's leave or unpaid parental leave.
What is annual leave loading?
Annual leave loading is an extra payment, commonly 17.5% of the base rate, paid on top of annual leave under many awards and registered agreements. It is not a universal NES entitlement, and the rate and conditions depend on your award, which is why this calculator does not add it. If loading would have been payable when taking leave, it also has to be included when unused leave is paid out on termination.
References
- Annual leave: who gets it and how it accumulates, Fair Work Ombudsman
- Payment for annual leave: leave loading, final pay, and sickness during leave, Fair Work Ombudsman
- National Employment Standards: the 11 minimum entitlements, Fair Work Ombudsman
- Fair Work Act 2009 (Cth): sections 86 to 94, Federal Register of Legislation
This content is informational and does not replace individual medical advice. For personal assessment, book a consultation with your GP. In emergencies, call 000.
Last reviewed 2 August 2026. Editorial policy