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- Other types of leave
Overview — Other types of leave
Personal/carer’s leave
The National Employment Standards (NES) in Pt 2-2 of the Fair Work Act 2009 (Cth) (FW Act) provide a minimum entitlement to paid personal/carer’s leave for national system employees.
Modern awards and enterprise agreements may include provisions that are ancillary or incidental to the personal/carer’s leave entitlements under the NES or which supplement those entitlements.
Employees who are not covered by the NES are generally entitled to personal/carer’s leave under state legislation.
See Personal/carer’s leave.
Compassionate leave
The NES provide a minimum entitlement to compassionate leave (also known as bereavement leave) for national system employees.
Modern awards and enterprise agreements may also include provisions that are ancillary or incidental to the compassionate leave entitlements under the NES, or which supplement those entitlements.
Employees who are not covered by the NES may be entitled to compassionate leave under state legislation.
See Compassionate leave.
Community Service Leave
The NES provide a minimum entitlement to community service leave for national system employees, including jury service leave and voluntary emergency management activity.
Modern awards and enterprise agreements may include provisions that are ancillary or incidental to the community service leave entitlements under the NES or which supplement those entitlements.
Employees who are not covered by the NES may be entitled to community service leave under state legislation.
See Community Service Leave.
Unpaid Leave
The NES provide minimum entitlements for unpaid leave, including unpaid parental leave, unpaid carer’s leave and voluntary emergency management activity.
Modern awards and enterprise agreements may include provisions that are ancillary or incidental to the unpaid leave entitlements under the NES or which supplement those entitlements.
Employees who are not covered by the NES may be entitled to unpaid leave under state legislation.
An employer and an employee may also agree that the employee will be allowed to take a period of unpaid leave. However, care must be taken in such situations to clarify the effect of any period of agreed unpaid leave on the employee’s duration and continuity of employment.
See Unpaid Leave.
Family and domestic violence leave
The NES provide minimum entitlements for unpaid family and domestic violence leave for national system employees. Unlike other NES leave entitlements, the entitlement to family and domestic violence leave is available from the first day an employee commences work and renews in full at the start of each subsequent year. The entitlement does not accrue from year to year.
Modern awards and enterprise agreements may also include provisions that are ancillary or incidental to the family and domestic violence leave entitlements under the NES, or which supplement those entitlements.
Employees who are not covered by the NES may be entitled to community service leave under state legislation.
See Family and domestic violence leave.
