The following information is only relevant to employers and employees in the WA state industrial relations system, and is intended as a guide only.
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Annual Leave – State System
Full-time and part-time employees are entitled to paid annual leave. Causal employees are not entitled to paid annual leave. The entitlement to annual leave is based on the state Minimum Conditions of Employment Act 1993. For an overview of annual leave please see the following links:
https://www.commerce.wa.gov.au/labour-relations/annual-leave-0
Calculating annual leave
Annual leave accrues on a weekly basis. A full-time employee accrues 2.923 hours of annual leave for each completed week of work (based on the standard 38 hour week), and a part-time employee will accrue the relevant proportion of 2.923 hour annual leave for each completed week of work.
https://www.commerce.wa.gov.au/labour-relations/guide-calculating-annual-leave-0
The guide provides a step by step process to calculate annual leave entitlements for employees in the state system.
Personal Leave
Full time and part time employees have an entitlement to paid personal leave. Casuals are not entitled to paid personal leave. All employees, including casuals, have an entitlement to unpaid personal leave for caring purposes. For an overview of personal leave entitlements see the following link:
https://www.commerce.wa.gov.au/labour-relations/sick-and-carers-leave-entitlements-0
Calculating personal leave
Personal leave accrues on a weekly basis and can be calculated on how many weeks an employee has worked. A full-time employee accrues 1.461 hours of personal leave for each completed week of work (based on the standard 38 hour week). A part-time employee will accrue the relevant proportion of 1.461 hours of personal leave for each completed week of work, based on how many hours they have worked that week.
https://www.commerce.wa.gov.au/labour-relations/guide-calculating-personal-leave
The guide provides a step by step process to estimate personal leave entitlements for employees in the state system.
Parental leave (unpaid)
Eligible employees are entitled to up to 12 months of unpaid parental leave with a possible extension of up to 12 months. For further information on unpaid parental leave, including employee eligibility, see:
https://www.commerce.wa.gov.au/labour-relations/parental-leave-0
Parental Leave Pay
The Commonwealth Paid Parental Leave Scheme provides Government funded Parental Leave Pay to employees who meet eligibility criteria. Employers may be required to have a role in providing payments to employees through their payroll system. The scheme is administered by Services Australia.
https://www.servicesaustralia.gov.au/employers-role-paid-parental-leave-scheme?context=23121
Employer Toolkit (Paid Parental Leave scheme)
The Employer Tool kit is your complete guide to the Paid Parental scheme and can help employers prepare for their role in the Paid Parental Leave scheme.
https://www.servicesaustralia.gov.au/paid-parental-leave-scheme-employer-toolkit?context=23121
Unpaid family and domestic violence leave
All employees, including casual employees, have a minimum entitlement to five days’ unpaid family and domestic violence leave in each 12 month period. Unpaid family and domestic violence leave is available in full at the start of each 12 month period or the employee’s employment, and does not accumulate from year to year. See the following link for further information:
https://www.commerce.wa.gov.au/labour-relations/unpaid-family-and-domestic-violence-leave
Bereavement leave
Full-time, part-time and casual employees are entitled to up to two days of paid bereavement leave on the death of a member of the family or household. Bereavement leave can be taken for each occasion there is a death of a member of the family or household. For further information see:
https://www.commerce.wa.gov.au/labour-relations/bereavement-leave-0
Jury service
Employers are required to continue to pay employees their normal wages or salary when they are summonsed to attend court as a juror or witness. There are significant penalties that apply if an employer refuses to pay or acts in a detrimental way to an employee undertaking jury duty. For further information see:
https://www.commerce.wa.gov.au/labour-relations/jury-service-0
Defence reserve service
It is mandatory for employers to release employees who are members of the Reserve to undertake defence service, including defence service training. It is an offence under the federal Defence Reserve Service (Protection) Act for an employer to dismiss or otherwise disadvantage an employee undertaking Reserve service. Where there are no WA award entitlements to defence reserve service, Reservists can request to use their leave entitlements during a period of absence, but they cannot be compelled to do so by their employer. For further information see:
https://www.commerce.wa.gov.au/labour-relations/defence-reserve-service-0