Do you have employees living and working in Australia? If so, brush up on Australia’s leave laws, in relation to observed public holidays, annual leave, sick leave, maternity and paternity leave, and more.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
Australia has eight states or territories, each with its own public holidays. These are: Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia.
Here are the public holidays in each territory for 2024 – note that if a holiday such as New Year’s Day or Christmas Day falls on a Saturday or Sunday, there is an additional public holiday given the following working day.
These public holidays apply to all states:
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| January 26 | Australia Day |
| March 29 | Good Friday |
| March 30 | Easter Saturday |
| March 31 | Easter Sunday |
| April 1 | Easter Monday |
| April 25 | ANZAC Day |
| December 25 | Christmas Day |
| December 26 | Boxing Day |
Next we’ll share the additional holidays for each individual state.
| Date | Holiday |
|---|---|
| March 11 | Canberra Day |
| May 27 | Reconciliation Day |
| June 10 | King’s Birthday |
| October 7 | Labour Day |
| Date | Holiday |
|---|---|
| June 10 | King’s Birthday |
| October 7 | Labour Day |
| Date | Holiday |
|---|---|
| May 6 | May Day |
| June 10 | King’s Birthday |
| August 5 | Picnic Day |
| Date | Holiday |
|---|---|
| May 6 | Labour Day |
| August 14 | Royal Queensland Show (Brisbane area only) |
| October 7 | King’s Birthday |
| Date | Holiday |
|---|---|
| March 11 | Adelaide Cup Day |
| June 10 | King’s Birthday |
| October 7 | Labour Day |
| Date | Holiday |
|---|---|
| March 11 | Eight Hours Day |
| Date | Holiday |
|---|---|
| March 11 | Labour Day |
| June 10 | King’s Birthday |
| November 5 | Melbourne Cup |
| Date | Holiday |
|---|---|
| March 4 | Labour Day |
| June 3 | Western Australia Day |
| September 23 | King’s Birthday |
If a public holiday falls on a day that an employee usually works, they’re entitled to the day off, along with their regular base rate of pay.
If the employee does work on a public holiday, they may be entitled to extra pay, and/or an additional paid day off (to be taken at a later date). This depends on their employment agreement.
As per the National Employment Standards, all employees in Australia are entitled to four weeks of annual leave (based on the regular number of hours they usually work).
For example, if someone works 40 hours per week, they will be entitled to 160 hours (40 hours x 4 weeks) annual leave each year.
For a part time employee, working 20 hours per week, they will be entitled to 80 hours (20 hours x 4 weeks).
One exception is shift workers, who are entitled to five weeks’ paid leave per year.
The minimum leave entitlements apply to all permanent employees. Casual employees (those without fixed working hours) are not entitled to annual leave by default.
Starting the first day of employment, annual leave begins to accrue for an employee. This means the employee’s leave entitlement gradually accumulates as they work – as opposed to receiving the entire year’s leave at one time.
Annual leave rolls over at the end of the year – an employee does not have to take their annual leave during the year in which it is given.
Employees may be allowed to take annual leave out as cash. The rules on this come down to their employment agreement. This can be agreed upon between employee and employer, and a written agreement should be supplied.
Employers may require employees to cash out part of their annual leave, should it reach “excessive” levels, which generally means the employee has either weeks’ annual leave banked (or 10 weeks for shift workers).
All employees in Australia are entitled to sick and carer’s leave. This covers when the employee is unwell and unable to work, or when needing to care for an immediate family member, such as:
It also includes household members, meaning any person that lives with the employee.
Full-time employees receive 10 days’ sick and carer’s leave per year. For part-time employees, this is calculated pro-rata, at 1/26th of their regular working hours.
This figure begins accumulating from the employee’s first day of work.
An employee must give notice to their employer to get paid for sick and carer’s leave, and the employer can ask for evidence, such as a medical certificate.
When an employee gives birth, their partner gives birth, or they adopt a child under 16 years of age, they are entitled to paid parental leave.
This entitles the employee to up to 18 weeks’ paid leave, as long as certain conditions are met.
Employees are also entitled to up to 12 months of unpaid parental leave.
To be eligible, employees must be the primary caregiver for the child, as well as having worked for their employer for at least 12 months prior to the birth or adoption date.
Working dads and partners (including same-sex partners) are entitled to Dad and Partner Pay when their child is born, or they adopt a child under 16. This gives up to 2 weeks’ paid leave, should the employee be eligible.
Employees are entitled to compassionate and bereavement leave in the following circumstances:
The length of bereavement leave in Australia is 2 days, unless the employment agreement allows for more.
All employees – including part-time and casual employees – can take up to 5 days unpaid family and domestic violence leave per year, in the case of receiving violent, threatening or otherwise abusive behavior by a close relative.
This includes:
Individual states and territories in Australia have various rules in regards to long-service leave. For example, if an employee works for 7 years with the company, they may receive additional annual leave each year.
Find each state’s rules here.
Employees can take leave for certain community activities, such as emergency management activities or jury duty.
There is no time limit for the amount of community service leave an employee can take. This is generally unpaid, with the exception of jury duty, which is paid.
Learn more:
National Employment Standards – Fair Work Ombudsman
Services Australia – Parental Leave
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
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