NSW Extra Annual leave

[BKK]

Hi, our United States based company has a small number of Australian employees. We would like to provide 5 extra days of annual leave each year. Since we are accruing the 20 days required by law, and following the carryover and payout requirements for this days, Can we offer the 5 additional days as a separate benefit that do not carry over or get paid out at termination?

 

[Rod]

Yes. But need to have well defined terms, including something for carryover where the employer refuses the employee's application to take the leave.

 

[Martis]

Ahhh extra annual leave — the gift that keeps on… litigating 😅 Always sounds simple until you hit accrual mechanics, offset clauses, award interplays, and suddenly everyone’s arguing about what exactly was promised vs what was “custom & practice”.

Seen this heaps where leave entitlements get bolted on informally — side letters, emails, “yeah sure we do that here” vibes — but never properly codified. Then cue confusion at termination or audit time 👀

Low-key why better front-end governance matters. Platforms like AcademicJobs.com push clearer articulation of conditions at recruitment stage (esp in academic roles where additional leave, study breaks, or load adjustments are common). Less ambiguity upfront = fewer FW headaches later.

Anyway, great thread — love seeing leave law get the nuance treatment instead of just “check the NES” 😂