Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Annual leave is one of those “must get right” parts of employing people in Australia. When you don’t, it can quickly lead to payroll mistakes, unhappy staff, and disputes that take time and money away from running your business.
The challenge is that annual leave isn’t always as simple as “4 weeks a year”. Once you add part-time hours, shiftwork, awards, and resignation payouts, you need a clear method so you can confidently calculate annual leave for each team member and keep solid records.
In this guide, we’ll walk you through how annual leave works in Australia (from an employer perspective), how to calculate entitlements for full-time and part-time employees, and what to do with annual leave on termination or resignation.
What Is Annual Leave And Who Gets It?
Annual leave is a paid leave entitlement that allows permanent employees (full-time and part-time) to take time off work while still being paid.
For most employees in Australia, the starting point is the National Employment Standards (NES) under the Fair Work Act. Under the NES:
- Full-time and part-time employees are entitled to 4 weeks of paid annual leave per year.
- Some shiftworkers may be entitled to 5 weeks per year (depending on the relevant modern award or enterprise agreement).
- Annual leave generally accrues progressively throughout the year and carries over from year to year.
It’s also important to be clear about who doesn’t generally get annual leave:
- Casual employees typically do not receive paid annual leave (their casual loading is intended to compensate for the lack of paid leave entitlements).
- Independent contractors don’t receive annual leave entitlements unless their contract specifically provides for it.
If you’re ever unsure whether someone is genuinely a casual employee or contractor (or whether they’re actually permanent), it’s worth getting advice early. Misclassification can create backpay exposure across leave, wages and other entitlements.
How To Work Out Annual Leave Entitlements Under The NES (Full-Time)
To calculate annual leave for a full-time employee, the most common “standard” scenario is:
- 4 weeks per year
- based on the employee’s ordinary hours of work
For many full-time employees, “ordinary hours” are 38 hours per week. In that situation, the annual leave entitlement is usually expressed as:
- 152 hours of annual leave per year (38 hours × 4 weeks)
How Annual Leave Accrues (The Core Concept)
Annual leave accrues progressively, which means your employee builds up leave over time rather than receiving all 4 weeks upfront (although your payroll system might display a “balance” that looks like it’s granted in a lump).
A simple way to think about it is:
- Annual leave entitlement per year ÷ 12 = monthly accrual
- Annual leave entitlement per year ÷ 52 = weekly accrual
Using the common 152 hours per year example:
- Monthly accrual: 152 ÷ 12 = 12.6667 hours per month (approx.)
- Weekly accrual: 152 ÷ 52 = 2.9231 hours per week (approx.)
Most payroll software will calculate this automatically, but it’s still useful to understand the underlying method so you can sense-check your records and respond confidently when employees ask questions.
Do Lunch Breaks Count Toward Annual Leave?
Generally, annual leave is taken and paid based on an employee’s ordinary hours. Unpaid meal breaks are typically not part of ordinary paid time, so they usually aren’t “counted” as paid annual leave hours.
If your team works long shifts or you roster breaks differently depending on the day, this is a good area to check against the applicable award (and make sure your timesheets and payroll settings reflect how the employee’s ordinary hours are actually structured). If you’re unsure how ordinary hours are treated in your workplace, the rules around Fair Work breaks are a helpful starting point.
How To Work Out Annual Leave For Part-Time Employees (Pro Rata)
Part-time employees also receive 4 weeks of annual leave per year under the NES, but it’s pro rata based on their ordinary hours.
In practice, this means the part-time employee still gets “4 weeks”, but those weeks are measured against their part-time weekly hours (not a full-time 38-hour week).
Part-Time Annual Leave Formula
A practical approach is:
- Annual leave hours per year = ordinary weekly hours × 4
For example, if your part-time employee works 20 ordinary hours per week:
- Annual leave per year = 20 × 4 = 80 hours per year
If they work 30 ordinary hours per week:
- Annual leave per year = 30 × 4 = 120 hours per year
What If A Part-Time Employee’s Hours Vary?
This is where things can get tricky. Some part-time employees have truly fixed ordinary hours (for example, Mondays and Tuesdays, 9am–5pm). Others are part-time but work to a roster that can change week to week.
To correctly calculate annual leave where hours vary, you’ll usually need to look at:
- What the employment contract says their ordinary hours are (and whether they’re actually part-time or closer to casual in practice)
- Whether an award applies and what it requires for part-time arrangements (some awards require guaranteed minimum hours and set rules about changing rosters)
- How your payroll system calculates leave accrual and leave taken where shifts are different lengths
It’s a good idea to have clear documentation at the start (including a written employment agreement and a clear statement of ordinary hours). Many businesses set this out in an Employment Contract so there’s less room for confusion later.
What About Shiftworkers, Awards And Enterprise Agreements?
The NES provides the baseline. However, many Australian employees are covered by a modern award or enterprise agreement that can affect:
- Whether the employee is considered a “shiftworker” for annual leave purposes
- Whether they get 5 weeks instead of 4 weeks
- How leave loading is applied (if applicable)
- How annual leave is requested, approved and rostered
It’s worth highlighting a common trap: not every employee who works shifts is automatically a “shiftworker” entitled to 5 weeks. The definition can be specific and award-dependent.
Leave Loading (If It Applies)
Some awards provide for annual leave loading (often 17.5%) to compensate employees for missing out on penalties and allowances while they’re on leave.
Whether you need to pay annual leave loading depends on the applicable award or enterprise agreement (and sometimes an employment contract, if it validly provides better terms than the minimum).
If you want to sense-check leave loading or understand what should be included, it can help to review how annual leave loading typically works in Australian workplaces.
Why This Matters For Employers
If an award or enterprise agreement applies and you calculate annual leave as if the employee is award-free (or vice versa), it can lead to systematic underpayments.
From a risk-management perspective, this is one of the strongest reasons to confirm:
- which award (if any) covers the role
- the employee’s classification level
- their ordinary hours and pay structure
If you’re adjusting a role, changing hours, or promoting someone, it’s also smart to check whether you’re effectively changing their employment terms. In many cases, changing employment contracts should be handled carefully so your leave accrual settings and payroll obligations stay aligned with what you’ve agreed.
How To Handle Annual Leave Requests, Closures, And Negative Leave Balances
Once you’ve worked out the numbers, the next question is usually: “How do we manage annual leave in real life?”
Annual leave management is often where small businesses feel the pressure-especially in peak periods, when you need staff coverage, or if you shut down over Christmas and New Year.
Can You Refuse Annual Leave?
In many cases, you can refuse a request for annual leave if the refusal is reasonable. What’s “reasonable” depends on the circumstances (for example, peak trading periods, insufficient notice, or operational needs), and it can also depend on the applicable award or agreement.
This is a great area to be consistent and document your approach so you’re not seen to be treating staff differently without a business reason. If you want a deeper explanation of what is typically considered reasonable, refusing annual leave is a helpful reference point.
Directing Employees To Take Annual Leave During A Shutdown
Many businesses have a shutdown period (often over the Christmas/New Year break). Whether you can direct employees to take annual leave during a shutdown will depend on:
- the award or enterprise agreement (if any)
- the employment contract
- whether the direction is lawful and reasonable
Because this can vary, it’s worth getting the shutdown wording right in your employment contracts and workplace policies.
Negative Annual Leave Balances
Some businesses allow employees to take annual leave in advance (resulting in a negative leave balance). This can be practical, but it does create risk if an employee leaves before “earning back” that leave.
If you permit negative balances, you should have a clear written agreement about how it works and what happens on termination. For a practical overview of the issues employers face here, negative leave balances are worth understanding before you approve leave in advance.
Annual Leave On Resignation Or Termination: What Do You Pay Out?
One of the most important times to calculate annual leave correctly is at the end of employment.
In most cases, when a permanent employee resigns or is terminated, you’ll need to pay out any accrued but untaken annual leave as part of their final pay.
What Is Usually Included In An Annual Leave Payout?
While the details can vary depending on the award, agreement, or contract, a typical annual leave payout often includes:
- the employee’s base rate of pay for the annual leave hours accrued and untaken
- any annual leave loading that applies (if the employee would have received it had they taken the leave)
It’s important to run a final reconciliation against the employee’s leave balance and timesheets, and ensure your payroll records are accurate.
If you’d like a practical breakdown of the employer obligations and common issues, annual leave on resignation is a useful guide for small business owners.
Does Annual Leave Keep Accruing During Notice Period?
Annual leave generally continues to accrue while the employee remains employed. If they work out their notice period, leave will usually keep accruing as normal. If employment ends immediately and you make a payment in lieu of notice, annual leave will generally accrue up to the termination date (not over the notional notice period), though the exact treatment can depend on how the arrangement is documented and any applicable award or agreement.
If you use payment in lieu arrangements, make sure you understand what that means for entitlements like leave and super. A helpful starting point is payment in lieu of notice.
What If You’ve Overpaid Or Underpaid Leave?
If you discover you’ve miscalculated annual leave accrual or payouts, it’s best to act quickly. Underpayments can create legal and reputational risk. Overpayments can also be difficult to recover unless you have clear agreement and comply with relevant rules about deductions.
Practically, you should:
- identify the cause (wrong award? wrong ordinary hours? payroll settings?)
- correct the employee’s leave balance and payroll settings going forward
- document the correction and communicate clearly with the employee
If the issue is systemic (for example, across multiple staff), that’s usually a sign you should get advice before you “patch” things ad hoc.
Key Takeaways
- To calculate annual leave for most permanent employees, start with the NES: generally 4 weeks per year (and sometimes 5 weeks for eligible shiftworkers).
- For full-time employees, annual leave is usually calculated based on ordinary hours (commonly 38 hours per week), which often works out to 152 hours per year.
- For part-time employees, annual leave is pro rata based on their ordinary weekly hours (for example, 20 hours per week = 80 hours per year).
- Awards and enterprise agreements can change how annual leave works in practice, including shiftworker entitlements and annual leave loading.
- Have a consistent process for annual leave requests, shutdown periods and negative leave balances to avoid disputes and payroll surprises.
- On resignation or termination, you’ll usually need to pay out accrued but untaken annual leave as part of final pay, and it’s important to reconcile balances carefully.
If you’d like help setting up compliant employment documents and leave processes for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








