On 13 August 2020, the High Court handed down a decision about the method of accruing and taking paid personal/carer’s leave under the National Employment Standards. The High Court has found that the entitlement to 10 days of personal/carer’s leave is calculated based on an employee’s hours of work, not days. 10 days of personal leave can be calculated as 1/26 of an employee's ordinary hours of work in a year.

The High Court's decision overturns a decision made by the Full Federal Court in August 2019. We've updated this article as a result.

Learn more about the decision at High Court decision: accrual of personal/carer's leave.

How does annual leave accumulate?

Annual leave accumulates based on the driver’s ordinary hours.

Ordinary hours for full-time drivers are 38 hours a week averaged over 28 days.

Ordinary hours for part-time drivers are an average of less than 38 hours a week over 28 days, as agreed between the driver and the employer.

How is annual leave paid?

It’s paid for the ordinary hours the driver would have worked in the period.

Drivers get the:

• minimum pay rate for their classification
• 30% annual leave loading.

How does sick and carer’s leave accumulate?

Sick and carer’s leave accumulates based on the driver's ordinary hours of work.

How is sick and carer’s leave paid?

It's paid for the ordinary hours the driver would have worked if they weren't on leave.

Drivers get the minimum pay rate for their classification.

Give us feedback on this article

Use our Feedback form to give us feedback about the information in this article.

If you have a question about pay or entitlements or need our help with a workplace issue, you can submit an online enquiry.