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Personal Leave entitlements - part-time employees

In August 2019 the Full Federal Court of Australia determined that personal/carer’s leave was calculated in working days, not hours. That decision was overturned on 13 August 2020.

The High court has clarified that:

  • the entitlement to 10 days of personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work, not working days

  • 10 days of personal/carer’s leave can be calculated as 1/26 of an employee’s ordinary hours of work in a year.

This has now been reflected in the Fair Work Information Statement


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