The education sector operates on a calendar that no other industry shares — four school terms, fixed holiday periods, and scheduled breaks that create unique leave management dynamics. Multiple awards cover education employees, from the Educational Services (Teachers) Award 2020 to the Educational Services (Schools) General Staff Award 2020 and state-specific instruments.
This guide covers leave management for Australian education employers: entitlements under the applicable awards and the Fair Work Act 2009, how to manage leave during term time and school holidays, and the compliance mistakes most common in education.
Key takeaways
- Full-time education employees receive 4 weeks annual leave — or 5 weeks for qualifying shift workers.
- Teachers and school staff generally accrue leave based on ordinary hours during the school year, with specific provisions for school holiday periods.
- Many education awards include 17.5% leave loading on annual leave.
- School holiday periods raise the question of whether teachers are on leave or at work — the answer depends on the employee’s classification and the applicable award.
- Part-time and casual education staff accrue leave pro-rata based on ordinary hours — and hours must be documented.
Which award applies?
Education employers must determine which award covers each employee:
| Award | Covers |
|---|---|
| Educational Services (Teachers) Award 2020 | Teachers in private schools and non-government educational institutions |
| Educational Services (Schools) General Staff Award 2020 | School administration, library, and support staff |
| Educational Services (Post-Secondary Education) Award 2020 | TAFE and post-secondary educators |
| State-specific awards and enterprise agreements | Public school teachers in each state |
Public school teachers in most states are covered by state government enterprise agreements rather than national awards. These agreements typically provide leave entitlements that exceed the NES — for example, some state agreements provide additional personal leave or professional development leave.
Award leave entitlements
| Leave type | Full-time | Part-time (pro-rata) | Casual |
|---|---|---|---|
| Annual leave | 4 weeks (5 weeks for shift workers) | Pro-rata by ordinary hours | None (loading compensates) |
| Personal/carer’s leave | 10 days per year | 10 days pro-rata | None (2 days unpaid per occasion) |
| Compassionate leave | 2 days per occasion | 2 days per occasion | 2 days unpaid per occasion |
| Family & domestic violence leave | 10 days paid per year | 10 days pro-rata | 10 days paid per year |
The school year and leave accrual
Education employees accrue leave based on ordinary hours — and in the education sector, ordinary hours vary depending on whether the employee is a teacher, a school support worker, or an administrative staff member.
For teachers, ordinary hours are typically defined as the hours they are required to be at school — including contact hours, preparation time, and meetings. School holiday periods may or may not count as ordinary hours depending on the award and whether the employee is required to work during those periods.
Key distinction: A teacher required to work during school holidays (for example, for maintenance, planning, or student supervision) accrues leave during those periods. A teacher who is not required to work during school holidays does not accrue leave for those periods.
School holiday leave management
School holidays are the defining feature of education leave management. The four-term calendar creates predictable periods when many employees are not required to work, but these periods interact with leave entitlements in complex ways.
When school holidays count as leave
Under most education awards, school holidays are not automatically treated as annual leave. If the employee is not required to work during the school holidays, they are on a period when they are not performing ordinary duties — but this is not the same as taking annual leave.
The general rule: If the employee is not required to work during school holidays and would not ordinarily be on call, the holidays are not annual leave. The employee accrues annual leave based on their ordinary hours during term time only.
However, some enterprise agreements — particularly in the public sector — include specific provisions that treat school holiday periods as part of the employee’s ordinary working year. In these cases, annual leave may be deducted during school holidays.
Worked example: school holiday leave
A teacher works 38 hours per week during the four school terms (approximately 40 weeks per year). The teacher is not required to work during school holidays (approximately 12 weeks per year).
| Metric | Calculation |
|---|---|
| Ordinary hours per year | 38 × 40 = 1,520 hours |
| Annual leave accrual | 4 weeks = 152 hours |
| Leave as proportion of year | 152 / 1,520 = ~10% |
The teacher accrues 4 weeks of annual leave per year based on their term-time ordinary hours.
Managing annual leave during term time
Education employers face the opposite challenge to other industries — instead of employees wanting leave during school holidays (which are already non-working periods), the pressure is on during term time when teaching and student support are critical.
Best practice for term-time leave management:
- Set a leave policy that specifies when annual leave can and cannot be taken during term time — for example, no annual leave during the first and last weeks of a term
- Coordinate leave across departments to ensure adequate staffing for student supervision and school operations
- Use relief or substitute teachers to cover approved leave — many schools have arrangements with local teacher registries
- Apply objective criteria for leave approval — first-in, first-served, minimum staffing requirements, or rotation systems
- Document refusals — state the operational reason and offer alternative dates
Long service leave and sabbaticals
Teachers with long tenure often accumulate significant long service leave balances. Long service leave is governed by state legislation:
| State | Entitlement after 10 years | Pro-rata available after |
|---|---|---|
| New South Wales | 8.67 weeks | 5 years |
| Victoria | 8.67 weeks (after 7 years) | 7 years |
| Queensland | 8.67 weeks | 7 years |
| South Australia | 13 weeks | 7 years |
Some education employers offer sabbatical leave or study leave as additional benefits above the NES. These are typically provided through enterprise agreements and are not statutory entitlements.
Casual and part-time education staff
Education employers rely heavily on casual and part-time staff — particularly for substitute teaching, school aides, and administrative support. Their leave entitlements are frequently misunderstood.
Casual education employees receive:
- 25% casual loading on their hourly rate
- 2 days unpaid carer’s leave per occasion
- 2 days unpaid compassionate leave per occasion
- 10 days paid family & domestic violence leave per year
Part-time education employees accrue:
- Annual leave pro-rata based on ordinary hours
- Personal/carer’s leave pro-rata based on ordinary hours
- All other NES entitlements pro-rata
Common mistake: Failing to accrue leave for part-time school aides or administrative staff who work set hours each week. These employees accrue leave at the same rate per ordinary hour as full-time employees — they simply accrue fewer total hours because their ordinary hours are fewer.
Common compliance mistakes in education
1. Treating school holidays as automatic annual leave
School holidays are not automatically deducted from an employee’s annual leave balance unless the applicable award or agreement specifically provides for this. Applying a blanket “school holidays = annual leave” policy is incorrect and creates over-deduction of leave.
2. Not accruing leave for part-time staff
Part-time school support staff, aides, and administrative employees accrue annual leave and personal leave pro-rata. Failing to accrue leave for these employees is a systemic underpayment.
3. Ignoring state-specific enterprise agreements
Public school teachers in most states are covered by state enterprise agreements, not national awards. These agreements often provide additional leave entitlements — such as additional personal leave, professional development leave, or different leave loading rules. Failing to apply the agreement’s provisions is a breach.
4. Not paying leave loading on termination
Annual leave accrued by education employees must be paid out on termination, including any leave loading required by the applicable award or agreement.
5. Misclassifying school support staff
School support staff — such as library aides, canteen workers, and ground staff — may be covered by different awards depending on their role. Misclassification results in incorrect pay and leave entitlements.
Practical steps for education employers
- Map every employee to the correct award or enterprise agreement and classification level.
- Determine whether school holidays count as ordinary hours for each employee’s classification.
- Accrue leave for part-time employees based on their documented ordinary hours.
- Set a term-time leave policy with objective criteria for approval and refusal.
- Track long service leave separately under the applicable state legislation.
- Maintain records for 7 years — including leave balances, leave taken, and leave loading paid.
For more on your core obligations, see our guide to annual leave entitlements in Australia, long service leave by state, and the Fair Work compliance checklist.
Frequently asked questions
Do teachers get annual leave during school holidays?
Not automatically. School holidays are not treated as annual leave unless the applicable award or enterprise agreement specifically provides for this. Teachers accrue annual leave based on their ordinary hours during term time.
How much annual leave do teachers get?
Full-time teachers receive 4 weeks of annual leave per year under the NES. Some enterprise agreements provide additional leave. Shift workers receive 5 weeks.
Can a school refuse annual leave during term time?
Yes, based on genuine operational requirements — such as minimum staffing for student supervision. However, refusals must be based on objective criteria and applied consistently. Blanket refusals without justification are not defensible.
Do casual teachers get paid leave?
No. Casual teachers receive a casual loading in their hourly rate and do not accrue annual leave or personal leave. They are entitled to 2 days unpaid carer’s leave per occasion and 10 days paid family & domestic violence leave per year.
What leave entitlements do public school teachers have?
Public school teachers in most states are covered by state enterprise agreements that typically exceed the NES. These agreements may provide additional personal leave, professional development leave, and specific provisions for school holiday periods.
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
- Fair Work Act 2009
This article is general information, not legal advice. Confirm entitlements with the Fair Work Ombudsman, the applicable modern award or enterprise agreement, and the relevant state long service leave legislation.