On 13 August 2020, the High Court of Australia handed down a decision clarifying how paid personal/carer’s leave is accrued and taken under the National Employment Standards (NES).
In the decision of Mondelez Australia Pty Ltd vs. AMWU and Ors  HCA 29, the High Court clarified that:
- the entitlement to 10 days of personal/carer’s leave under the NES is calculated based on an employee’s ordinary hours of work, not working days.
- 10 days of personal/carer’s leave is 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 of Australia in August 2019. In that decision, the Full Federal Court held that personal/carer’s leave accrues in working days, not hours.
Updated tools and information
There has also been an update to the Fair Work Information Statement, please update your records and ensure that the new information statement is issued to commencing employees.
For more information on the High Court decision, go to High Court decision: accrual of personal/carer’s leave.