The National Employment Standards (the NES) provide the minimum conditions for all employees who are covered by the national workplace relation system. Minimum leave entitlements are included within the NES and apply to all eligible permanent employees.
The NES accounts for different types of leave entitlements including; annual leave, sick and carer’s leave (personal leave), family & domestic violence leave, compassionate leave, maternity leave, long service leave and community service leave.
All employees, except casuals, are entitled to 4 weeks of annual leave, 10 days of paid and 2 days of unpaid personal leave and 2 days of paid compassionate leave which accrues annually. Most parents are entitled to unpaid parental leave however, eligible parents may apply for 18 weeks of government-funded parental leave.
An employee gets long service leave after a long period of working for the same employer. Most employees’ entitlement to long service leave comes from long service leave laws in each state or territory. In Victoria, an employee can request to take long service leave at any time after 7 years’ continuous employment.
Upon resignation or termination of employment, an employee is entitled to a payment of all outstanding annual and long service leave.
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Employees are entitled to their usual rate of pay while they are on leave unless their modern award, contract or agreement stipulates that they are entitled to more than their base rate.
The general rule is that employers are entitled to direct employees to take annual leave where the request is reasonable. This includes situations where the employee has accrued excessive annual leave or the employer’s operations are temporarily shut down.
Under section 107(3) of the Fair Work Act 2009 (Cth), employees must provide their employer with evidence that would satisfy a reasonable person that sick leave was taken for reasons of personal illness or injury. This typically involves providing a medical certificate to verify the employee is unfit for work. Provided that such evidence is produced, employers must accept that the employee has validly taken sick leave.
Section 130(1) of the Fair Work Act 2009 (Cth) prevents an employee from taking or accruing any leave, whether paid or unpaid, during a “compensation period” when the employee is absent from work because of a personal injury, for which the employee is receiving compensation payable under a law that is about worker’s compensation.
However, an exception to this rule arises in section 130(2) of the Act which allows the above employee to take or accrue leave during the compensation period if the taking or accruing of leave is permitted by a compensation law.
“The McDonald Murholme staff made me feel so comfortable, they provided me with great advice and helped me reach an outcome that I was very… more
“The McDonald Murholme staff made me feel so comfortable, they provided me with great advice and helped me reach an outcome that I was very happy with.”
“Thank you, Edward, Alan and the team. Your support throughout the journey was outstanding. I cannot recommend you enough. I could not be happier. Thank… more
“Thank you, Edward, Alan and the team. Your support throughout the journey was outstanding. I cannot recommend you enough. I could not be happier. Thank you again.”
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“Alan, Ned and the team at McDonald Murholme took a genuine interest in my situation. Their advice and guidance helped me quickly achieve a fair… more
“Alan, Ned and the team at McDonald Murholme took a genuine interest in my situation. Their advice and guidance helped me quickly achieve a fair settlement from my employer.”
“My need for support from McDonald Murholme came at a time when I was also focussing on a couple of other personal issues - both… more
“My need for support from McDonald Murholme came at a time when I was also focussing on a couple of other personal issues - both significant but unrelated. The support I received from Alan, Stephanie and the team was incredible - I felt supported at every step of the process and was 100% confident that the matter was being dealt with effectively whilst I addressed other things. Most importantly, however, the team were easy to talk to and kept me fully up to date with progress. Hopefully I'll not have a need to use them again but, if I do, I absolutely would NOT hesitate! Last thing for me to say - THANK YOU McDonald Murholme!”
“Alan, Julie and the team at McDonald Murholme helped me through a very stressful time with my employer. Once I contacted and engaged them they… more
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