Clerks Award Leave Entitlements

The Clerks—Private Sector Award 2020 provides specific leave entitlements for clerical and administrative employees in Australia, including annual leave, personal leave, and other forms of paid and unpaid leave.

Key Takeaways

• Annual leave: 4 weeks (20 days) per year
• Personal leave: 10 days per year
• Public holidays: As per NES and state calendars
• Shift loadings continue during annual leave
• Part-time and casual employees have specific provisions

Leave Entitlements Under the Award

Annual Leave

• 4 weeks (20 days) per year for full-time employees
• Pro-rata for part-time employees
• Accrues from first year of employment
• Loading continues during leave
• Cashed out on termination

Personal/Carer’s Leave

• 10 days per year for full-time employees
• Accrues from first year
• Evidence requirements apply
• Unpaid after exhausted entitlement
• Carer’s leave included in entitlement

Other Leave Types

• Compassionate leave: 2 days per occasion
• Family and domestic violence leave: 10 days per year
• Community service leave: As required
• Jury service: As required
• Long service leave: As per state legislation

Special Clerical Provisions

Office Hours

• Standard hours: Monday to Friday
• Public holidays: As per NES
• Working arrangements: Flexible options
• Overtime: As per award provisions

Part-Time Employees

• Leave: Pro-rata based on hours
• Minimum engagement: 3 hours per shift
• Roster: Agreed hours
• Flexibility: As per agreement

Casual Employees

• Loading: 25% casual loading
• Annual leave: Not entitled (loading compensates)
• Personal leave: Not entitled
• Public holidays: Entitled if would have worked

Common Scenarios

Scenario 1: Full-Time Clerical Worker

• Entitlement: 4 weeks annual leave
• Loading: Continues during leave
• Application: 2 weeks notice recommended
• Approval: Employer may refuse on reasonable grounds

Scenario 2: Part-Time Clerical Worker

• Entitlement: Pro-rata based on hours
• Calculation: Based on ordinary hours
• Loading: Pro-rata during leave
• Application: As per full-time process

Scenario 3: Casual Clerical Worker

• Entitlement: No annual leave
• Loading: 25% compensates
• Public holidays: Entitled if rostered
• Termination: Loading paid out on termination

Compliance Checklist

• Award coverage confirmed
• Leave entitlements documented
• Loading during leave calculated
• Public holiday provisions applied
• Part-time calculations correct
• Casual loading documented
• Evidence requirements communicated
• Record keeping maintained