National Employment Standards: Minimum Entitlements Explained
The National Employment Standards are the minimum entitlements in the Fair Work Act 2009 that apply to every employee in the national system, including 4 weeks of annual leave and 38 ordinary weekly hours for full-time staff. Awards and enterprise agreements can add to them but can never go below them. See modern awards explained for how the layers fit.
National Employment Standards: the main entitlements
The table covers the entitlements with figures. Other entitlements, such as community service leave and the Fair Work Information Statement, also apply.
| Entitlement | What the rule is | Who it covers |
|---|---|---|
| Maximum weekly hours | 38 ordinary hours per week plus reasonable additional hours | Full-time employees; part-time is pro rata |
| Flexible working requests | Written request after 12 months of service; written reply within 21 days | Employees with 12 months of service and some casuals |
| Annual leave | 4 weeks per year (5 weeks for some shiftworkers) | Full-time and part-time, pro rata |
| Personal or carer's leave | 10 days paid per year | Full-time, pro rata for part-time |
| Compassionate leave | 2 days per occasion, unpaid for casuals | All employees |
| Family and domestic violence leave | 10 days paid per 12 months | All employees, including casuals |
| Unpaid parental leave | Up to 12 months, with a right to request 12 more | 12 months of continuous service, including regular casuals |
| Public holidays | Entitled to be absent and paid for ordinary hours; reasonable requests to work allowed | All employees; casuals paid only if they work |
National Employment Standards leave entitlements
Leave is where most payroll mistakes happen, so check each type against the table above.
- Annual leave builds progressively on ordinary hours worked, carries over if unused and is paid out when employment ends.
- Annual leave loading is not an NES entitlement; where an award or agreement gives it, it is usually 17.5% of the base rate.
- Personal or carer's leave is 10 days paid per year for full-time staff, and casuals can take unpaid carer's leave instead.
- Family and domestic violence leave is 10 days paid per 12 months and includes casuals.
- Long service leave is state-based: NSW gives 2 months (8.67 weeks) after 10 years, while Victoria allows leave after 7 years.
- Paid parental leave is government-funded, rising from 24 to 26 weeks from 1 July 2026, and paid at the national minimum wage rate.
National employment standard rules by employment type
Employment type changes which entitlements are paid, not whether the standards apply.
| Employment type | What changes | Key check |
|---|---|---|
| Full-time | Full annual and personal leave entitlements | 38 ordinary hours plus reasonable additional hours |
| Part-time | Leave and hours pro rata; minimum engagement comes from the award | Agreed hours in writing |
| Casual | 25% loading in place of paid annual and personal leave | Conversion offer after 6 months, or 12 months for a small business |
| Labour hire worker | Employed by the provider, which owes the NES entitlements | Provider and host agree how leave and hours are tracked |
Hours, flexibility and right to disconnect
Hours of work are part of the standards, and recent changes added new rights for employees.
- Full-time employees work 38 ordinary hours per week, and may refuse additional hours that are unreasonable.
- Overtime rates come from the award or agreement, not from the National Employment Standards themselves.
- Employees with at least 12 months of service can ask for flexible arrangements in writing, and employers must reply within 21 days.
- An employer can refuse a flexibility request only on reasonable business grounds, and disputes can go to the Fair Work Commission.
- The right to disconnect applies from 26 August 2024 for larger employers and from 26 August 2025 for small business employers.
- Casual employees can notify the employer they want to convert after 6 months, or 12 months with a small business employer.
Notice of termination and redundancy pay under the National Employment Standards
Minimum notice depends on length of service, and an extra week applies to older employees with longer service.
| Years of service | Minimum notice | Redundancy pay (15 or more employees) |
|---|---|---|
| Less than 1 year | 1 week | None |
| 1 to 2 years | 2 weeks | 4 weeks |
| 2 to 3 years | 2 weeks | 6 weeks |
| 3 to 4 years | 3 weeks | 7 weeks |
| 4 to 5 years | 3 weeks | 8 weeks |
| More than 5 years | 4 weeks | 10 to 16 weeks, depending on years of service |
- Employees over 45 with at least 2 years of service get 1 extra week of notice.
- Notice is not required for serious misconduct, and pay in lieu of notice is allowed.
- Small business employers with fewer than 15 employees do not owe NES redundancy pay.
National Employment Standards vs awards and agreements
| Instrument | Relationship to the NES | Where to check |
|---|---|---|
| Modern award | Adds industry rules such as rates, penalties and breaks | Fair Work Ombudsman pay guide |
| Enterprise agreement | Can replace the award but cannot undercut the NES | Your signed agreement |
| Employment contract | Can improve terms but cannot remove NES entitlements | Your written contract |
| Minimum wage | $26.44 per hour from 1 July 2026 for award-free employees | Fair Work Ombudsman minimum wage page |
Employer obligations: a national employment checklist
- Give every new employee the Fair Work Information Statement, and give new casuals the Casual Employment Information Statement.
- Track leave balances accurately and pay out unused annual leave when employment ends.
- Give payslips within 1 working day of payday and keep time and wage records for 7 years.
- Pay super at 12% of ordinary time earnings for 2026-27, so it reaches the fund within 7 business days of payday.
- Respond in writing to flexible working requests within 21 days and give reasons for any refusal.
- Check that no contract or policy clause reduces an NES entitlement, because that clause has no effect.
What to do if your NES entitlement is missed
- Find the entitlement in the table above and note the dates and amounts that look wrong.
- Compare it with your payslip, leave statement and contract.
- Raise the issue in writing and ask for a response by a set date.
- If it is not fixed, contact the Fair Work Ombudsman on 13 13 94 for free help.
- Keep copies of payslips and emails, because employers must hold records for 7 years.
Common mistakes to avoid
- Believing a contract can waive NES entitlements, when any clause that undercuts the standards has no effect.
- Giving casuals paid annual leave or refusing them unpaid compassionate leave, when the rules are different for them.
- Counting a 25% casual loading as a substitute for notice or redundancy rights where those apply.
- Forgetting that NSW long service leave needs 10 years but Victoria allows leave after 7 years.
- Applying the NES to NSW state public sector staff, who are covered by the state system.
National Employment Standards FAQ
What are the National Employment Standards?
They are minimum employment entitlements set by the Fair Work Act 2009 for employees in the national system. They cover hours, leave, flexible working, public holidays, notice and redundancy pay. Awards, agreements and contracts must meet or beat them.
Do the National Employment Standards apply to casuals?
Yes, though some entitlements work differently. Casuals do not get paid annual or personal leave because the 25% loading is paid instead. They do get unpaid carer's and compassionate leave, family and domestic violence leave, and the right to request conversion after 6 months.
How many weeks of annual leave do employees get?
Full-time employees get 4 weeks of paid annual leave per year, pro rata for part-time staff, and 5 weeks for some shiftworkers. It accrues progressively, carries over if unused and is paid out when employment ends.
Can an employer pay less than the NES?
No. A contract, policy or individual agreement cannot reduce an NES entitlement. If you think yours has been cut, check your payslip, raise it in writing and call the Fair Work Infoline on 13 13 94.
Getting your NES obligations right
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. For the wider picture, read our guide to modern awards explained. If you are a host employer who wants staff supplied with correct entitlements, visit our host employer labour hire page.