The National Employment Standards (NES): Every Leave Entitlement Explained

The National Employment Standards (NES) are the foundation of employment law in Australia. They establish a set of minimum rights and responsibilities that apply to every employment relationship in the country, regardless of industry, award, or agreement.

For employers, understanding the NES is non-negotiable. Violating the NES can result in Fair Work Commission orders, substantial penalties, and damage to your reputation.

This guide covers all 10 minimum entitlements under the NES, with a focus on leave — what employees are entitled to, what you’re required to provide, and the compliance requirements you need to follow.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an employment lawyer for guidance specific to your organization.

What Are the National Employment Standards?

The National Employment Standards are contained in Part 2-2 of the Fair Work Act 2009. They apply to all Australian employees covered by the Fair Work Act, regardless of whether there’s a registered enterprise agreement or award in place.

Think of the NES as the absolute minimum. Awards and agreements can (and typically do) provide more generous entitlements, but they cannot provide less.

The 10 NES entitlements cover:

1. Maximum weekly hours of work
2. Annual leave
3. Personal/carer’s leave and compassionate leave
4. Parental leave
5. Unpaid family and domestic violence leave
6. Long service leave
7. Jury duty
8. Public holidays
9. Notice of termination and redundancy
10. Fair dismissal procedures

This guide focuses on the leave entitlements (items 2-8).

1. Annual Leave

Entitlement: A minimum of 4 weeks of annual leave per year (52 weeks of employment).

Key Points:

• Accrues from the first day of employment
• Paid at the ordinary rate of pay (including regular allowances)
• Carries over unless excessive (8+ weeks may be managed)
• Must be paid out on termination
• Timing is generally by mutual agreement, but employers can direct leave with reasonable notice

Payment: An employee earning $50/hour who takes 1 week of annual leave receives:

• 38 hours × $50 = $1,900

Compliance Tip: Check your industry award. Many require 4.33 or 5 weeks, not just 4.

2. Personal Leave (Sick Leave and Carer’s Leave)

Entitlement: A minimum of 10 days of paid personal leave per year, which includes:

• Sick leave: Time to deal with personal illness or injury
• Carer’s leave: Time to care for a family member who is ill, injured, or has an unexpected emergency

Key Points:

• Accrues at a rate of 1.923 days per week (10 days ÷ 52 weeks)
• Paid at the ordinary rate of pay
• Carries over from year to year (no expiry)
• Can be used flexibly — employees can take a single hour or a full day
• Employees must notify you “as soon as practicable”

What Personal Leave Cannot Be Used For:

• Planned medical appointments (though employees may negotiate)
• Holidays or leisure time
• Special leave (parental leave, compassionate leave, etc.)

Important: An employee doesn’t need a doctor’s certificate for a single day of sick leave, but you can request one for absences of 2+ consecutive days or a pattern of absences.

3. Compassionate Leave

Entitlement: Unpaid compassionate leave when an employee experiences a death or life-threatening injury or illness of a member of their immediate family.

Immediate Family Members:

• Spouse, de facto partner, or same-sex partner
• Child (including step-child)
• Parent (including step-parent)
• Grandparent
• Grandchild
• Sibling (brother or sister)
• Parent-in-law (added by recent Fair Work amendments)

Duration: The NES does not specify a set number of days — leave is available for “the period the employee needs to deal with the death or injury/illness.”

In practice, this is typically interpreted as 1-3 days for funeral arrangements, though longer periods may be reasonable if the employee is a primary carer.

Key Points:

• Leaves is unpaid (unless your agreement says otherwise)
• No advance notice required (it’s immediate and unexpected)
• Employees must inform you “as soon as practicable”
• Not limited to immediate family in all awards — check your industry award

4. Parental Leave

Entitlement: 12 months of unpaid parental leave for eligible employees.

Eligibility:

• 12 months of continuous employment with the organization
• Due to have a child (birth, adoption, foster care placement)
• Complies with notice requirements

Types of Parental Leave:

• Birth-related parental leave: Up to 12 months for the birth parent
• Non-birth parental leave: Up to 12 months for the other parent
• Shared parental leave: Leave can be split between both parents

Key Points:

• Leave must be taken within 24 months of the child’s birth/placement
• Employees are entitled to return to their same or a comparable position
• Superannuation is not paid during parental leave (unless your agreement specifies)
• Employee can take paid leave (annual leave, long service leave) concurrently with unpaid parental leave
• Flexible arrangements: Employees can return part-time or on modified duties with agreement

Example: A mother takes 6 months of unpaid parental leave, then returns part-time at 20 hours per week. Both parents can take parental leave, and they can divide the 12 months as they see fit.

5. Unpaid Family and Domestic Violence Leave

Entitlement: Unpaid leave for employees experiencing family and domestic violence.

Purpose: To allow employees to attend medical appointments, legal proceedings, or take safety measures related to family and domestic violence.

Duration: The NES does not specify a minimum number of days. Leave is provided as needed, up to the needs of the employee.

Key Points:

• Applies to all forms of family and domestic violence (physical, sexual, psychological, financial, emotional abuse)
• Covers violence by an intimate partner, family member, or carer
• Employees can also access flexible working arrangements or changes to their work schedule
• Confidentiality is important — keep details private
• Does not affect other leave entitlements (employees can use personal leave concurrently if agreed)

Practical Approach: Document any conversations with care and flexibility. Employees in this situation are often in a vulnerable position.

6. Jury Duty

Entitlement: Employees are entitled to leave to serve on a jury when summoned by the court.

Key Points:

• Leave is unpaid, unless your award or agreement specifies otherwise
• You cannot dismiss or disadvantage an employee for serving jury duty
• Employees must inform you of the jury summons as soon as practicable
• For extended jury service, some organizations choose to pay a portion of lost wages (a goodwill gesture)

7. Public Holidays

Entitlement: Paid leave on public holidays that fall on an employee’s ordinary working day.

Key Points:

• Paid at the ordinary rate of pay
• If the public holiday falls on a non-working day, the employee is not entitled to a day off in lieu (unless your award specifies)
• If an employee is required to work on a public holiday, they must be paid the ordinary rate plus a loading (typically 150%, but varies by award)
• Different public holidays apply in different states/territories

Public Holidays in Australia:

• New Year’s Day (1 January)
• Australia Day (26 January)
• Good Friday, Easter Saturday, Easter Monday (varies annually)
• ANZAC Day (25 April)
• Queen’s Birthday (second Monday in June, varies by state)
• Christmas Day (25 December)
• Boxing Day (26 December)

Plus state-specific holidays (e.g., Melbourne Cup Day in Victoria, Picnic Day in NT).

Compliance Tip: Keep a calendar of public holidays by state and ensure your payroll system applies the correct rates.

8. Long Service Leave

Entitlement: Long service leave is not part of the NES minimum entitlements — it’s covered separately under state and territory legislation.

However, it’s important to note here because it’s a significant entitlement in Australia. Employees with 10+ years of service are typically entitled to paid long service leave (often 13 weeks after 10 years).

State Variations:

• NSW: 13 weeks after 10 years
• Victoria: 13 weeks after 10 years
• Queensland: 13 weeks after 10 years
• South Australia: 13 weeks after 10 years
• Western Australia: 13 weeks after 10 years
• Tasmania: 13 weeks after 10 years
• ACT: 13 weeks after 10 years
• NT: 13 weeks after 10 years

(This guide covers long service leave in detail in a separate article.)

What Leave Is NOT in the NES?

The NES sets minimum standards, but some forms of leave are not mandated:

• Bereavement leave (covered by some awards)
• Cultural leave (e.g., for Indigenous cultural ceremonies)
• Domestic and family violence leave (unpaid leave is mandated, but paid leave varies by agreement)
• Community service leave (volunteering)
• Study leave (some awards provide this)

Check your industry award to see if additional leave is provided.

Compliance Checklist

Record Keeping

• Maintain records of all leave entitlements and balances for each employee
• Document dates and duration of leave taken
• Record amounts paid for leave
• Keep records for at least 3 years

Notice Requirements

• Inform employees of their leave entitlements in writing
• Provide annual statements of leave balances
• Give reasonable notice before directing employees to take leave

Fair Dismissal

• Cannot dismiss or disadvantage an employee for:
  • Taking leave
  • Requesting leave
  • Exercising rights under the NES

Disputes

• If an employee disputes their leave balance or entitlement, they can lodge a claim with the Fair Work Commission
• Resolve disputes promptly to avoid escalation

Key Takeaways

The National Employment Standards establish the absolute minimum entitlements for all Australian employees. As an employer, you must:

• Provide all 10 NES entitlements to every employee (no exceptions)
• Pay and accrue leave correctly according to the calculations in this guide
• Keep detailed records for at least 3 years
• Give reasonable notice before directing leave
• Never disadvantage employees for taking leave
• Check your award — it often provides more than the NES minimum

Failure to comply with the NES can result in Fair Work Commission orders and penalties of up to $13,320 for individuals or $66,600 for corporations (as of 2026).

The simplest way to ensure compliance is to use a leave management system that automates accrual calculations and keeps records organized.

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