How Annual Leave Works in Australia 2026 — Accrual, Loading, Payout & Forced Leave Rules

Under the National Employment Standards (NES) in the Fair Work Act 2009, all full-time and part-time employees in Australia are entitled to 4 weeks of paid annual leave per year. For shift workers who're regularly rostered to work Sundays and public holidays, the entitlement increases to 5 weeks. This is a minimum — your employment contract, enterprise agreement, or modern award may provide more generous leave entitlements, but can never provide less.

The 4 weeks is calculated based on your ordinary hours of work. For a full-time employee working 38 hours per week, 4 weeks equals 152 hours (or 20 days).

For part-time employees, the entitlement is pro-rated based on your ordinary hours. For example, a part-time employee working 20 hours per week receives 80 hours of annual leave per year. Casual employees don't receive paid annual leave — instead, their casual loading (typically 25%) is intended to compensate for the lack of leave entitlements. If you're unsure about your employment type, use our Leave Entitlements Calculator to check what you should be receiving.

Annual leave accrues progressively throughout the year based on your ordinary hours of work. In practice, this means you don't have to wait until you have completed 12 months of service to take leave — it accumulates from your first day of employment. For a full-time employee, you accrue approximately 2.923 hours of annual leave per week (152 hours divided by 52 weeks).

Leave continues to accrue during periods of paid leave (including annual leave itself, personal/carer's leave, and paid parental leave) but does not accrue during periods of unpaid leave, unpaid parental leave, or community service leave (except jury service). Annual leave accumulates from year to year — there's no 'use it or lose it' rule in Australia.

Your employer can't force you to forfeit accrued leave, and any unused balance carries forward indefinitely. However, employers may have reasonable policies encouraging employees to take leave, and in some circumstances can direct you to take leave if your balance becomes excessive.

Many Australian employees are entitled to annual leave loading — an extra payment on top of their base pay rate when taking annual leave. The most common loading is 17.5%, though the exact amount depends on your modern award, enterprise agreement, or employment contract. The origin of leave loading dates back to the 1970s, when it was introduced to compensate employees for the loss of overtime and penalty rate earnings while on leave.

Under most modern awards, you receive a loading of 17.5% on your base rate of pay, or the relevant penalty rates you would have earned had you worked — whichever is greater. Not all employees receive leave loading.

It depends on your industrial instrument. If your employment is covered by a modern award, check the leave provisions in that award.

If you're on an enterprise agreement, check the agreement terms.

Award-free employees are only entitled to leave loading if it's specified in their employment contract.

When you are paid out unused leave on termination, annual leave loading is also payable on the balance in most cases. Use our Leave Entitlements Calculator to see how leave loading affects your payout.

Australian employees can cash out annual leave in certain circumstances, but strict rules apply to protect your right to actually take time off. Under the NES, cashing out is only allowed if your modern award or enterprise agreement permits it, and you must retain a balance of at least 4 weeks of accrued leave after the cash-out. Each cashing out arrangement must be a separate written agreement between you and your employer — blanket agreements aren't valid.

You must be paid at least the full amount you would have been paid had you taken the leave (including leave loading if applicable). Your employer can't pressure or force you to cash out leave.

For award-covered employees, you can only cash out a maximum of 2 weeks per 12-month period. Award-free employees can cash out leave if there's a written agreement, they retain at least 4 weeks, and they're paid the full value. If your employer is pressuring you to cash out leave rather than take it, this may constitute a breach of the Fair Work Act. Contact the Fair Work Ombudsman for advice.

In limited circumstances, yes. Your employer can direct you to take annual leave if the direction is reasonable. The most common scenarios are during a temporary shutdown or closedown period (e.g., the Christmas-New Year period when many businesses close), and when an employee has accumulated an excessive leave balance.

Under most modern awards, an employer can direct an employee to take annual leave during a shutdown period, provided they give adequate notice (typically 28 days). If you do not have enough accrued leave to cover the shutdown, you may need to take unpaid leave or arrange an advance of leave with your employer.

The short answer? Regarding excessive leave, many awards allow employers to direct an employee to take leave if their balance exceeds 8 weeks (or 10 weeks for shift workers), but only after genuine attempts to reach agreement about when to take the leave, and the employer must not direct you to reduce your balance below 6 weeks. Any direction to take leave must be in writing and give reasonable notice.

If you believe your employer's direction is unreasonable, you can dispute it through the Fair Work Commission.

When your employment ends — whether you resign, are terminated, or are made redundant — you are entitled to be paid out all accrued but untaken annual leave as part of your final pay. This applies regardless of the reason for termination and even if you are in your first year of employment. The payout must be calculated at your base rate of pay at the time of termination, plus any applicable leave loading.

Under most modern awards, leave loading is payable on termination, though some awards and enterprise agreements have specific provisions that may vary. Your employer must include the annual leave payout in your final pay, which is due on the next regular payday or within 7 days of termination if no regular payday applies.

If your employer does not pay out your accrued leave, this constitutes underpayment and you can recover the amount through the Fair Work Ombudsman or the courts. Keep your own records of leave taken and accrued — your payslips should show your leave balance each pay period. Use our Leave Entitlements Calculator to calculate exactly what you should receive, and our Notice Period Calculator to understand the full timeline of your termination entitlements.