The National Employment Standards (NES) provisions of the Fair Work Act 2009 (Cth) (FW Act) include minimum entitlements for national system employees in relation to:

• Personal/carer’s leave (encompassing sick leave, and leave to care for an ill/injured family or household member), and compassionate leave (Pt 2-2 Div 7 ). See Personal/carer’s leave and Compassionate leave; and

• Community service leave (encompassing leave to perform jury service, and to undertake voluntary emergency management activity) (Pt 2-2 Div 8 ). See Community Service leave.

These various types of leave are also the subject of state legislation, which is applicable to employees not covered by the FW Act. Relevant state laws may in some respects supplement the leave entitlements of national system employees (ie in relation to jury service).

Modern awards and enterprise agreements made under the FW Act may also contain provisions relating to personal/carer’s leave and compassionate leave, although such provisions may not derogate from the entitlements of employees under the NES.

In addition to the various types of paid and unpaid leave entitlements of employees under the NES and relevant state/territory legislation, an employer and an employee may agree that the employee will be allowed to take a period of unpaid leave.

Care must be taken in such situations to clarify the effect of any period of agreed unpaid leave on the employee’s continuity of employment.

See Unpaid leave.