I'm resigning — what am I owed?
Notice period, final pay, accrued leave, super, and everything you need to check when you resign.
Your notice period
When you resign, you must give your employer notice. The minimum notice period depends on your award or contract. Most awards require: 1 week if employed for less than 1 year, 2 weeks for 1-3 years, 3 weeks for 3-5 years, and 4 weeks for 5+ years. Check your contract — it may require longer notice. If you don't give enough notice, your employer can deduct up to one week's wages from your final pay (but only if your award or agreement allows it).
What's in your final pay
Your final pay must include: wages for all hours worked up to your last day, accrued but untaken annual leave (including leave loading if your award provides it), accrued long service leave (if you've been employed long enough — usually 7-10 years, varies by state), and any other amounts owed (overtime, penalty rates, allowances, bonuses). Your employer must pay your final pay within 7 days of your last day, or on the next regular payday — whichever is sooner.
Accrued annual leave
You must be paid out all accrued but untaken annual leave when you resign. This is paid at your base rate of pay (or at the rate your award specifies for leave payouts). If your award includes leave loading (typically 17.5%), check whether it applies on termination — most awards pay it on termination. Annual leave accrues progressively, so you'll have a pro-rata amount even if you haven't completed a full year.
Long service leave
Long service leave is governed by state and territory legislation, not the Fair Work Act. In most states, you're entitled to long service leave after 7-10 years of continuous service. Some states allow a pro-rata payout after a shorter period (often 5-7 years) if you resign. Check your state's rules — they vary significantly. If you're entitled, it must be paid out in your final pay.
Super on your final pay
Your employer must pay super on your final pay, including on any accrued annual leave paid out. Since 1 July 2026, under Payday Super, super is due within 7 business days of the payday it relates to — so check your super fund shortly after your final pay. If it's not there within about a week, report it to the ATO.
Before your last day — checklist
1. Put your resignation in writing (email is fine) and keep a copy. 2. Check your contract and award for the correct notice period. 3. Note your accrued annual leave balance from your latest payslip. 4. Request a written statement of your leave balances from your employer. 5. Return any company property (laptop, phone, keys, uniform). 6. Request a final payslip — it must be itemised. 7. Update your super fund details if needed. 8. Ask for a written reference or letter of employment before you leave.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.