National Employment Standards (NES)
The National Employment Standards (NES) are 11 minimum employment entitlements that are legally guaranteed to all employees in Australia under the Fair Work Act 2009. They establish a safety net of essential workplace rights, covering areas such as maximum weekly hours, various types of leave, flexible working arrangements, and paid personal/carer’s leave. They set the legal minimum standard for all employees, and these rights cannot be taken away or reduced through other workplace arrangements.
What are the 11 National Employment Standards?
The National Employment Standards serve as the minimum benchmark for workplace rights that cannot be excluded, restricted, or replaced by other employment contracts. The table below lists all 11 entitlements and what each one means in practice.
| # | Entitlement | What it means |
| 1 | Maximum weekly hours | 38 ordinary hours per week, plus reasonable additional hours |
| 2 | Flexible working arrangements | Eligible employees can request a change to their working arrangements |
| 3 | Parental leave and related entitlements | Up to 12 months unpaid parental leave (with a right to request a further 12 months) |
| 4 | Annual leave | 4 weeks paid leave per year (an extra week for some shiftworkers) |
| 5 | Personal/carer’s leave and compassionate leave | 10 days paid personal /carer’s leave per year for full-time staff; plus 2 days unpaid compassionate leave per occasion. |
| 6 | Family and domestic violence leave | 10 days paid leave per 12-month period |
| 7 | Community service leave | Unpaid leave for voluntary emergency management and jury service (jury service is paid for eligible employees) |
| 8 | Long service leave | A long-serving employee’s entitlement to extended leave |
| 9 | Public holidays | A paid day off on a public holiday (unless reasonably asked to work) |
| 10 | Notice of termination and redundancy pay | Minimum notice periods and redundancy pay based on length of service |
| 11 | Fair Work Information Statement | Must be given to every new employee at the start of their employment |
How does the NES govern sick and carers’ leave?
The NES guarantees full-time employees 10 days of paid personal/carer’s leave for each year of service. Part-time employees earn annual leave in proportion to the hours they normally work. It starts accumulating from the first day of employment, and unused leave is carried forward to the next year.
Personal /carer’s leave can be used when:
- They are unfit for work due to illness or injury.
- A member of their immediate family or household requires care or support due to sickness, injury, or an emergency.
If an employer requests it, an employee must provide supporting evidence, usually a medical certificate or a statutory declaration, showing that the leave was taken for a valid and genuine purpose.
Do casual employees get NES entitlements?
Casual employees are covered by the NES, but are generally entitled to fewer benefits than full-time or part-time employees. This reflects the casual employment model, where a higher hourly wage compensates for the absence of certain paid leave entitlements.
According to the Fair Work Ombudsman, casual employees receive the following NES entitlements:
- Maximum weekly hours (38 hours plus reasonable additional hours).
- 2 days of unpaid carer’s leave per occasion (not the 10 days of paid leave available to permanent staff)
- 2 days of unpaid compassionate leave per occasion.
- 10 days paid family and domestic violence leave per 12-month period.
- Community service leave (excluding paid jury service)
- Public holidays (a day off, unless reasonably required to work)
- The right to casual conversion (the right to become a permanent employee in certain circumstances).
Casual employees who have worked for the same employer for at least 12 months are also entitled to:
- Make requests for flexible working arrangements.
- Take unpaid parental leave.
How Hola Health can help with your NES sick leave obligations
Under the NES, you have the right to take paid sick leave if you are genuinely unwell or unfit for work. However, your employer also has the right to request reasonable evidence. Hola Health connects you with AHPRA-registered Australian doctors online, 24 hours a day, 7 days a week. If your employer requests a medical certificate, you can obtain a legally valid, fully compliant certificate through a telehealth consultation without leaving home. Telehealth medical certificates issued through Hola Health carry the same legal weight as an in-person certificate for NES sick leave evidence requirements. Book an online consultation today.
Medical Disclaimer: The content on this page is for informational purposes only.
