Federal Court decision: accrual of personal/carer’s leave

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.  In that decision, the Full Federal Court had determined that personal/carer’s leave was calculated in working days, not hours.

To view further detail from Fair Work Australia, click here

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