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Employment & HR

Annual leave and public holidays

Thirty calendar days a year after twelve months' service, two days a month before that, and untaken leave has to be paid out. Companies that never tracked it discover the liability at the exit interview.

30 days after 1 year2 days/month months 6–12Paid out if untaken

The entitlement

What the law gives, regardless of contract.

An employee is entitled to thirty calendar days of paid annual leave for each year of service once twelve months have been completed. Between six and twelve months of service the entitlement is two days per month. Public holidays are additional and are set federally each year. Leave is calculated in calendar days rather than working days, which means a two-week holiday spanning two weekends consumes fourteen days of entitlement rather than ten.

Untaken leave does not simply disappear. On termination an employee is entitled to be paid for accrued and untaken annual leave, calculated on basic salary, and there is no general power for an employer to write it off because the employee chose not to take it. The practical consequence falls on companies that never implemented leave tracking: a five-year employee who took two weeks a year instead of thirty days has accrued a substantial balance, and the sum becomes payable at exactly the point the relationship is ending. Tracking leave from day one costs nothing; reconstructing five years of it from memory does not.

The numbers

After 12 months
30 calendar days per year
6 to 12 months
2 days per month
Basis
Calendar days, not working days
Public holidays
Additional, set federally each year
Untaken leave
Paid out on termination, on basic salary
Carry-over
Permitted subject to agreement and the law's limits

What it costs

After 12 months' service30 daysCalendar days, so weekends within a leave period are consumed.
6 to 12 months' service2 days/month
Public holidaysAdditionalSet federally each year, and not part of the thirty days.
Calendar days, not working days — so a fortnight away consumes fourteen, not ten.

In practice

How this is actually administered.

  1. Track leave from the first day of employmentEven with one employee. Reconstructing it later is the expensive version.
  2. Calculate in calendar daysA fortnight away consumes fourteen days, not ten. Employees frequently assume otherwise.
  3. Keep public holidays separateThey are additional to the thirty days, not part of them.
  4. Manage carry-over deliberatelyLarge untaken balances become cash liabilities at termination.
  5. Pay out accrued leave on exitCalculated on basic salary, alongside gratuity and any notice pay.
The mistake people make. Assuming untaken leave lapses at the year end. Accrued leave is paid out on termination, and a company with no leave records and several long-serving staff is carrying a liability nobody has quantified.

Related

Questions

Thirty calendar days a year after twelve months' service, and two days per month for service between six and twelve months.

Leave is calculated in calendar days, so weekends falling within a leave period are consumed.

Yes. Accrued untaken leave is paid out on termination, calculated on basic salary.

No. Public holidays are additional to the annual leave entitlement.

One question

How many people are on the payroll?