BlandsLaw - Blog posts from Employee Leave Entitlements
Please select your page
  • Twitter
  • Facebook
  • Google+
  • LinkedIn

While there is no general entitlement to unpaid leave under the Fair Work Act 2009, there are some provisions that deal with the question of when unpaid leave can be taken. In other cases it is a matter for agreement between the employer and employee.

Read more

We live in a country that unfortunately experiences catastrophic bushfires, flooding, cyclones and other similarly damaging natural events. If your business  is negatively impacted by a natural disaster, what are your obligations towards your employees during this difficult time? We briefly consider three scenarios affecting the employment relationship in the event of such a disaster.

Read more

Personal or Carers Leave

Background and eligibility

Paid personal or carers leave isthe correct terminology for the phrase ‘sick leave’. All employees (other than casuals) are entitled to paid personal leave or paid carer’s leave, of 10 days per year. The entitlement to paid personal/carers leave accrues from year to year. Paid personal/carers leave is leave that is provided for an employee if, due to their own personal circumstances, they are sick or injured, or if they need to provide care or support to a member of their immediate family or household. The Fair Work Act 2009 (Cth) sets out who qualifies as a member of an employee’s immediate family. This definition encompasses a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an employee; or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.

Read more

Annual Leave

Since 1973, a four (4) week annual leave period for the benefit of an employee has been standard practice, increasing from the initial one (1) week annual leave standard introduced in 1941. Today, annual leave entitlements now form part of the National Employment Standards (NES) providing a minimum safety net of employee entitlements.

Read more

The entitlement to Long Service Leave (LSL) is contained in the National Employment Standards (NES). As of 1 January 2010 the NES applies to all employees covered by the national workplace relations system (national system employees)

There is currently no uniform national LSL standard, and the legislation governing LSL is contained in state Acts. For example, in NSW, LSL is governed by the Long Service Leave Act 1955 (NSW). Until a uniform national standard is developed, the state legislation needs to be read on conjunction with the NES.

Read more

Personal/Carers, Compassionate & Community Service Leave.

1. Personal or Carers Leave 

Background and eligibility

The National Employment Standards (NES) details the entitlements to personal and carers leave. Paid personal or carers leave is the correct terminology for the phrase ‘sick leave’. All employees (other than casuals) are entitled to paid personal leave or paid carer’s leave, of 10 days per year. The entitlement to paid personal/carers leave accrues from year to year. Paid personal/carers leave is leave that is provided for an employee if, due to their own personal circumstances, they are sick or injured.

Read more

Getting It Right - Employee Leave Entitlements on entry, exit and during the course of employment

Welcome to our ‘Getting It Right’ series. This is the first of our series of articles addressing employee leave and their entitlements upon commencing employment, during employment, resignation and termination.

This week we are looking at annual leave and further in the series, we will be covering personal leave, parental leave, long service leave, leave without pay and other special leave.

“Getting It Right” means being aware of an employee’s leave entitlements, knowing how and when such leave can be taken and what is payable when leave is taken or the employment relationship comes to an end. This paper aims to clarify and consolidate your thoughts on annual leave.

Read more

More Articles