Education employers in Australia navigate one of the most unusual leave landscapes: staff who work school terms, employees who work year-round, and an award system that must accommodate both. The Educational Services (Teachers) Award 2020 and the Educational Services (Schools) General Staff Award 2020 apply to different segments of the sector, each with distinct leave provisions that reflect the term-time reality of school-based work.
This guide covers education sector leave entitlements in 2026: the two main awards, how term-time employment affects leave accrual, and the compliance traps that catch schools and childcare providers.
Key takeaways
- The Educational Services (Teachers) Award and the Schools General Staff Award have different leave provisions — identify which applies to each employee.
- Full-time year-round employees receive 4 weeks annual leave and 10 days personal/carer’s leave under the NES.
- Term-time employees accrue leave based on the actual ordinary hours worked during the school year, not the full-year equivalent.
- 17.5% leave loading applies to annual leave under most education awards.
- Long service leave is state-based and varies significantly between jurisdictions.
The two main education awards
The education sector uses two primary modern awards:
Educational Services (Teachers) Award 2020: Covers teachers in private schools, tutoring services, and some early childhood settings. Does not apply to public school teachers (who are typically governed by state enterprise agreements).
Educational Services (Schools) General Staff Award 2020: Covers non-teaching staff in schools — teacher aides, administration staff, canteen workers, and grounds staff.
Each award has its own leave provisions. The NES baseline applies to both, but the award-specific details differ.
Annual leave
Full-time employees working year-round receive the NES minimum of 4 weeks (152 hours on a 38-hour week). Leave accrues progressively based on ordinary hours worked.
Term-time employment
A significant portion of the education workforce works only during school terms. For these employees, leave accrues during the periods they are actually employed:
- Term-time employees accrue annual leave during the school terms they work
- Leave does not accrue during school holiday periods when the employee is not engaged
- The total annual leave accrued reflects the actual ordinary hours worked, not a full-year equivalent
This means a term-time employee working 3 school terms per year accrues approximately 75% of a full-time employee’s annual leave. Getting this calculation wrong is one of the most common errors in education sector payroll.
Leave loading
The education awards provide 17.5% leave loading on annual leave, calculated on the base rate of pay. The “greater of” provision applies — the employee receives whichever is higher: the 17.5% loading or the penalty rates they would have earned if working.
For education employees who work weekends (particularly school event staff or exam supervisors), the penalty rate comparison matters.
Worked example
David is a teacher aide working 30 hours per week during the 4 school terms (approximately 40 weeks per year), earning $24.00/hour.
- Annual leave accrual: 30 hours × 40 weeks = 1,200 hours worked per year; annual leave accrues on these ordinary hours
- Leave loading on one week of leave: 30 hours × $24.00 = $720.00 × 17.5% = $126.00
- On termination during term-time: All accrued unused annual leave must be paid out
Personal/carer’s leave
Full-time employees receive 10 days per year of paid personal/carer’s leave, accruing progressively and accumulating year to year. Part-time and term-time employees receive pro-rata amounts based on their ordinary hours.
In the education sector, personal/carer’s leave is sometimes called “sick leave” colloquially. The entitlement is the same: use for personal illness, caring responsibilities, or unexpected family emergencies.
Evidence requirements in schools commonly include medical certificates, and some school policies require statutory declarations for absences of 3 or more consecutive days.
Compassionate leave and family leave
All education employees, including casuals, receive 2 days compassionate leave per occasion and 10 days paid family and domestic violence leave per year. Casual employees receive unpaid compassionate leave and paid family violence leave.
Long service leave in education
Long service leave is state-based and varies significantly:
| State | Qualification | Entitlement |
|---|---|---|
| NSW | 10 years | 2 months; 1 month per subsequent 5 years |
| Victoria | 7 years | 8.67 weeks; 4.33 weeks per subsequent 5 years |
| Queensland | 10 years | 8.67 weeks; 4.33 weeks per subsequent 5 years |
| South Australia | 10 years | 13 weeks |
Public school teachers are often governed by state enterprise agreements that provide long service leave above the general state legislation. Private school teachers may be covered by the award or an enterprise agreement.
Cashing out and payout
During employment, cashing out of annual leave is only permitted if the award permits it. The employee must retain a minimum 4-week balance, and each cash-out requires a separate written agreement.
On termination, all accrued unused annual leave must be paid out regardless of the reason for termination.
Common compliance traps in education
1. Incorrect term-time accrual
Calculating annual leave accrual for term-time employees at the same rate as year-round employees over-accrues leave. The accrual must reflect the actual ordinary hours worked during the school terms.
2. Not paying leave loading on the “greater of” basis
Education employees who work school events on weekends may have penalty rate equivalents that exceed 17.5%. Failing to apply the “greater of” test underpays these employees.
3. Confusing the two awards
Applying the Teachers Award to general staff, or vice versa, can result in incorrect classification and leave entitlements. Verify the applicable award for every employee.
4. Public vs private school confusion
Public school teachers are typically governed by state enterprise agreements, not the federal Teachers Award. Applying the award to public school teachers creates incorrect entitlement calculations.
Putting it into practice
Five checks cover most education sector leave compliance:
- Identify the correct award (Teachers vs General Staff) or enterprise agreement for every employee.
- Calculate term-time accrual based on actual ordinary hours, not full-year rates.
- Apply the “greater of” test for leave loading against penalty rates.
- Check whether a state enterprise agreement governs instead of the award.
- Ensure leave loading is included in termination payouts where the award requires it.
Tracking leave accrual across term-time and year-round employees — where each has different accrual rates, leave loading rules, and potentially different governing instruments — is exactly the kind of complexity that creates payroll risk in education. A leave management system built for Australian awards automates these calculations and flags compliance gaps before they become underpayment claims.
Sources
- Educational Services (Teachers) Award 2020 — Fair Work Commission
- Educational Services (Schools) General Staff Award 2020 — Fair Work Commission
- Annual leave — Fair Work Ombudsman
- Long service leave — Fair Work Ombudsman
Last updated: 26 July 2026. This article is general guidance, not legal advice. Confirm current award or enterprise agreement provisions with the Fair Work Ombudsman or an employment lawyer.
Frequently asked questions
Which award applies to school teachers in Australia?
Private school teachers are typically covered by the Educational Services (Teachers) Award 2020. Public school teachers are generally governed by state enterprise agreements. Always check which instrument applies — the federal award does not cover public school teachers in most states.
How does term-time employment affect leave accrual?
Term-time employees accrue leave only during the periods they are actually employed (school terms). Leave does not accrue during school holidays when the employee is not engaged. The total annual leave reflects actual ordinary hours worked.
Do education employees get leave loading?
Yes. The education awards provide 17.5% leave loading on annual leave, calculated on the base rate. A “greater of” provision applies — the employee receives whichever is higher: the 17.5% or the penalty rates they would have earned if working.
What is the difference between the two education awards?
The Teachers Award covers teaching staff in private schools and some early childhood settings. The General Staff Award covers non-teaching staff — teacher aides, admin staff, canteen workers, and grounds staff — in schools.
Do casual education employees get paid leave?
No. Casual employees do not receive paid annual or personal leave. They receive 2 days unpaid carer’s leave per occasion and 2 days paid compassionate leave per occasion, plus 10 days paid family and domestic violence leave per year.