Annual leave, sick leave and super basics: Australia
What business.gov.au says about the National Employment Standards, annual and personal leave, workers compensation insurance and the super guarantee, the minimums that sit under any employer benefits.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here.
The rules below apply to employees in general, and the pages are not written for tree work. The same kind of summary for other places is in paid holiday and sick pay basics and vacation, holidays and sick leave in three Canadian provinces. Workers' compensation premium rates are in workers' compensation in Canada, Australia and New Zealand. Everything below is as the business.gov.au pages, run by the Australian Government, state on October 9, 2026.
At a glance
| Topic | What business.gov.au says |
|---|---|
| Annual leave | Full-time and part-time workers get 4 weeks for every 12 months worked; casual employees do not get annual leave |
| Sick and carer's leave | Paid, 10 days a year for full-time employees; casual employees and contractors can get unpaid carer's leave |
| Family and domestic violence leave | 10 days paid a year for all employees, including part-time and casual |
| Superannuation | The super guarantee rate is 12% of qualifying earnings, paid on top of wages |
| Workers compensation | Employers must get it from an authorised insurer; the rules vary by state and territory |
The National Employment Standards and awards
The page on employees' pay, leave and entitlements calls the National Employment Standards the minimum entitlements for employees in Australia. It lists them as maximum weekly hours, requests for flexible working, casual conversion, parental leave, annual leave, personal and carer's leave, compassionate leave, family and domestic violence leave, community service leave, long service leave, public holidays, super contributions, and notice of termination and redundancy pay. Conditions can also sit in an award, an enterprise agreement or an employment contract. The page says an employment contract cannot reduce entitlements under the floor set by an award, enterprise agreement or the Standards, and that an award sets the minimum pay and conditions for an industry or occupation. It adds that in Western Australia the state system covers sole traders and most partnerships, and that for those the national awards and most of the Standards do not apply.
Annual leave
The page gives full-time and part-time workers 4 weeks of annual leave per 12 months worked and says casual employees get none. It adds that leave builds up from an employee's first day and can be taken once it has built up. Its list of workplace myths states that an employee does not have to work 12 months before taking leave.
Sick and carer's leave
The page says full-time and part-time employees can use paid sick or carer's leave (personal leave) for caring duties, a family or household emergency, or their own illness or injury, including mental health illness. The yearly entitlement depends on ordinary hours and is 10 days a year for full-time employees. It says casual employees and contractors get no paid sick or carer's leave, though unpaid carer's leave is open to them. It says an employer can ask for evidence such as a medical certificate or a statutory declaration, and that an award, agreement or business policy may say when evidence is needed.
The same page says all employees, including part-time and casual, can take 10 days of paid family and domestic violence leave each year, all of it available from the start of work, resetting on the work anniversary and not carrying over.
Superannuation
The business.gov.au superannuation page says employers must make super contributions for eligible employees under the National Employment Standards and the Superannuation Guarantee (Administration) Act 1992. It says contributions are for employees aged 18 or over, and for staff under 18 who work more than 30 hours a week. The super guarantee rate is 12% of qualifying earnings, or higher if an award or agreement says so, and it is paid in addition to wages. The page says Payday Super rules started on July 1, 2026, so the contribution is paid when wages are paid instead of each quarter, and that contributions must reach the fund within 7 business days of payday, or up to 20 days in some cases such as a first contribution or a new employee. Sole traders and partners in a partnership do not have to pay the guarantee for themselves.
Workers compensation
The business insurance page lists workers compensation insurance among the cover that may be needed by law if a business has employees, and says employers must get it from an authorised insurer. It says the cover is for financial hardship if an employee is injured or sick because of work, that the laws vary in each state and territory, and that a sole trader is not covered by it. It names the regulator for each place.
| State or territory | Regulator named on the page |
|---|---|
| Australian Capital Territory | WorkSafe ACT |
| New South Wales | State Insurance Regulatory Authority |
| Northern Territory | NT WorkSafe |
| Queensland | WorkCover Queensland |
| South Australia | ReturnToWorkSA |
| Tasmania | WorkSafe Tasmania |
| Victoria | WorkSafe Victoria |
| Western Australia | WorkCover WA |