The Fair Work Ombudsman has now confirmed
Personal Leave is accrued as a pro-rata based on the hours worked
In the Ruling by the High Court it is expressed by the FWO as
Summary of the decision and what it means for you
The High Court of Australia has clarified that:
- the entitlement to 10 days of personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work, not working days
- 10 days of personal/carer’s leave can be calculated as 1/26 of an employee’s ordinary hours of work in a year.
Fair Work Ombudsman website advice
Nothing changes. Consistent with our advice during this lengthy Court process, employers should have been accruing 10 days personal leave per year for a full time worker and a portion of the 10 days, based on hours worked, for part time workers.
It remains that Casuals do not accrue either Annual Leave nor Personal Leave as long as it is well documented and proven that they are employed as a Casual and they are paid the casual loading. Each and every payslip should make it obvious, aswell as the employment contracts etc.