Beyond annual, personal and long service leave, Australian employees have access to several other leave types. Some are guaranteed by the National Employment Standards (NES); others depend on your award, agreement or employer policy. This guide covers each one and links to the full detail where we have it.
Community service and jury duty leave
Community service leave covers jury duty and voluntary emergency-management activities such as volunteering with the SES or a rural fire service. Jury duty is the part most people use: it is unpaid leave, but employees other than casuals receive make-up pay for the first 10 days, topping up any court payment to their ordinary base rate. Voluntary emergency work is unpaid and has no set limit, as long as the absence is reasonable.
Fair Work Act 2009 (Cth) ss.108-112. See the Fair Work Ombudsman, Community service leave.
Compassionate and bereavement leave
Every employee gets 2 days of compassionate leave (also called bereavement leave) each time an immediate family or household member dies or develops a life-threatening illness or injury. It is paid for full-time and part-time employees and unpaid for casuals. See the full compassionate and bereavement leave guide.
Family and domestic violence leave
All employees, including casuals, are entitled to 10 days of paid family and domestic violence leave each year. It is available in full from day one and is paid at your full rate of pay. See the full family and domestic violence leave guide.
Unpaid leave (leave without pay)
Unpaid leave, or leave without pay, is any period of agreed absence where you are not paid. It is not a specific NES entitlement: it is taken by agreement with your employer. Most unpaid leave does not break your continuous service, but it usually does not count towards accruing annual or personal leave. Unpaid parental leave and unpaid carer's leave are specific NES forms of leave without pay.
Study leave
Study and exam leave is not a National Employment Standard. Where it exists, it comes from your award, enterprise agreement or your employer's policy, and the terms (paid or unpaid, how many days) vary widely. Some awards include provisions for apprentices and trainees to attend training. Check your award or agreement, or ask your employer about their study-leave policy.
Sabbatical leave
Sabbatical leave, an extended break (often unpaid) after a period of service, is also not part of the NES. It is entirely a matter of employer policy or individual agreement. If your workplace offers it, the eligibility and pay arrangements will be set out in your contract or a company policy rather than in law.
For the leave types with their own calculators, see annual leave, personal and carer's leave, long service leave and parental leave. Every term is also defined in the glossary.
Key takeaways
- Community service, compassionate and family and domestic violence leave are NES entitlements.
- Jury duty carries make-up pay for the first 10 days for non-casuals.
- Unpaid leave is by agreement and usually pauses accrual without breaking service.
- Study and sabbatical leave are employer-policy matters, not NES rights.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.