If you are covered by the Employment Act and have worked for at least 3 months, you are entitled to annual leave.
You are entitled to paid annual leave if you have worked for your employer for at least 3 months.
Your annual leave entitlement depends on how many years of service you have with your employer. Your year of service begins from the day you start work with your employer.
|Year of service
||Days of leave
|8th and thereafter
If an employee begins work on 14 March 2013, the annual leave entitlement will be calculated as follows:
|Period of employment
||Completed months of service
||Annual leave entitlement
|14 Mar 2013 to 13 Mar 2014
||7 days (1st year)
|14 Mar 2014 to 13 Mar 2015
||8 days (2nd year)
|14 Mar 2015 to 13 Mar 2016
||9 days (3rd year)
|If you worked
||Your annual leave is pro-rated
More than 3 months but less than a year
Based on the number of full months you have worked.
This applies even if you’re still on probation.
More than a year
Based on the number of full months you worked in your current year.
Calculate your pro-rated annual leave
How pro-rated annual leave is calculated
Annual leave is pro-rated using this formula:
- (Number of completed months of service ÷ 12 months) × Number of days of annual leave entitlement
- If the fraction of a day is less than one-half, round it down.
- If it is half or more, round it up to one day.
If an employee started work on 14 Mar 2014 and left service on 31 Jul 2014, the number of completed months of service is:
14 Mar 2014 to 13 Jul 2014 = 4 completed months
The period from 14 to 31 July 2014 is disregarded as it is not a completed month.
If an employee has completed 4 months of service and is entitled to 10 days of leave a year, the pro-rated annual leave is:
(4 completed months ÷ 12 months) × 10 days of leave = 3.33 days
Rounded down to 3 days as the fraction is less than 0.5.
If you have taken unpaid leave
You should exclude periods of approved unpaid leave when calculating your annual leave entitlement.
If you have taken unpaid leave, your employer can pro-rate your leave entitlement based on how many complete months you have worked.
If you are serving notice
If you have resigned, your notice period is included when calculating your pro-rated annual leave.
An employee is entitled to 12 days of annual leave and took 2 weeks of unpaid leave in March. Subsequently, she tendered her resignation on 1 August and is serving 1 month’s notice.
Her pro-rated annual leave entitlement from 1 January to 31 August excludes the month of March and includes August. It is calculated follows:
(7 completed months ÷ 12 months) × 12 days of leave = 7 days