Asking for time off can be a nerve-racking task. The key is to know your rights and have confidence in speaking to your employer. If you are unsure about what your entitlements to various forms of leave are, you can contact the SDA.

The types of leave you are entitled include Annual Leave, Sick Leave, Family/Carer's Leave, Compassionate Leave, Long Service Leave. These are just some of the forms of leave members may be entitled to under their Enterprise Agreement or Award.  See below for some the different types of  Leave you may be entitled to.

The answers to common questions we get are listed here, but if you can’t find the answer you are looking for contact the SDA and an information officer will help you.

Who is entitled to annual leave?
Full-time and part-time employees are entitled to four weeks paid annual leave. Some agreements with employers allow for more leave to be taken.

Can I use my annual leave in advance?
By agreement with your employer, you may take annual leave prior to it being accrued.

Sick Leave is paid leave when a permanent employee is unable to attend work due to personal illness or incapacity.  

Who is entitled to sick leave?
Only full-time and part-time employees are entitled to paid sick leave.

Why are casual employees not entitled to sick leave?
Casuals are not entitled to certain types of paid leave as they get a higher hourly rate of pay to compensate for this. Of course, casuals do not have to attend a shift if they are ill.

How much sick leave do I get?
Full time employees generally receive 76 hours of sick leave per year of service. Part time employees receive an equivalent amount, depending on the number of hours that they work.

Will I lose my sick days if I do not take them within the year?
Unused sick leave accumulates from year to year. This means that if you don’t use all your sick days in one year, those ‘left over’ days carry over to the next year.

Whether you are a full-time, part-time or casual employee you are entitled to sick leave. You can’t predict when you are going to get sick, and laws have been put in place to ensure you can take leave when you need it to get better.

To access paid sick leave, most Agreements and Awards typically require employees to:
 

• Provide satisfactory evidence, usually a medical certificate or statutory declaration.
• Notify their employer as quickly as possible

However, the amount of sick leave you have varies and depends on your employment status and Enterprise Agreement or Award.

What is family/carer’s leave?
Family/carer’s leave is paid leave to attend to unforseen family or personal matters, including illness of a close family member.

How much family/carer’s leave am I entitled to?
Most agreements negotiated by the SDA provide for a non-cumulative entitlement of three days per year of service.

What is compassionate leave?
Compassionate leave entitles you to paid leave in circumstances of the death of a close relative.

How much compassionate leave am I entitled to?
Compassionate leave usually consists of up to three days paid leave per deceased close relative.

Who is entitled to Long Service Leave?
All employees in New South Wales are entitled to long service leave, subject to certain conditions.

How much Long Service leave are employees entitled to?
Employees are entitled to 8.67 weeks on full pay after 10 years service and 0.867 weeks for each subsequent year.

If any employee leaves before 10 years, are they entitled to a proportionate payment?
A person is entitled to a pro-rata payment of their long service leave if, between five and ten years of service, they are forced out of work by illness, disability, death, or domestic or other pressing necessity, or if they are terminated by their employer for reasons other than serious and willful misconduct. This differs slightly in the ACT.

How do public holidays affect a period of long service leave?
Any public holidays falling within a period of long service leave must be added to the leave.

How is payment calculated?
Long service leave is paid at the ordinary hourly rate applicable at the time of taking long service leave (excluding overtime and penalty payments). If an employee is paid above the award rate then that rate applies.

Can long service leave transfer from one owner to another?
In most situations, yes. When a business changes hands or is sold and the employees' employment continues with the new employer, long service leave transfers also. Long service leave is also transferred when an employee changes brands but stays with the same parent company (conditions may apply so always confirm with your employer).

Under most Agreements and Awards negotiated by the SDA, it is illegal for an employer to change your roster in order to avoid the payment of a public holiday entitlement.

If your roster is changed to your detriment over the Christmas/New Year period, or if you are not paid correctly, you should contact the Union immediately.

Furthermore, if you are rostered to work a set number of hours on a public holiday but you are sent home early, it is the Union’s position that you must still be paid for the total number of hours that you agreed to work. This applies even to casuals.

If you are sent home early and not paid for the full hours you were contracted to work, you should contact the Union without delay.

The rights you are entitled to are dependant upon what kind of job you hold. 

Full time employees: normally, you receive the benefit of every public holiday. This means if you’re a full time employee you will ordinarily receive the benefit of the public holiday at the ordinary time rate of pay, even though they are not rostered to work that day.

Part time employees: normally, you will only receive the benefit of a public holiday for a non-rostered day if you work an average of five starts per week, or if you work an alternating roster and the public holiday falls on a day on which you work in any week of your roster cycle.

Casual employees: you do not receive a benefit for a public holiday, but you do receive additional penalty rate for working.

A number of Agreements contain specific provisions that explicitly say that work after 6.00pm on Christmas Eve and New Year’s Eve is voluntary.  Particular conditions apply if an employee wishes to exercise his or her rights under these provisions.

Check your Agreement
It is most important to note that the specific entitlements with respect to public holidays are governed by the Agreement or Award applicable to your employment.

Depending on which Company you work for, there may be some differences in the rights outlined above. You should refer to your agreement or award to ensure your workplace entitlements are observed. If you should have any questions about your public holiday entitlements, please speak to your Delegate, contact your Organiser or phone the SDA Sydney office on 131 SDA (that’s 131 732)

Employees must also receive a payslip, detailing the hours worked, rate of pay, total earnings, tax deducted and other relevant information. An employer may not make deductions from your pay without your written permission (except for tax).

Superannuation is money that is invested for your retirement. Unions campaigned to achieve universal superannuation in the 1980s and again, more recently, to increase superannuation  up to 12% of earnings ( 12% takes effect from 1 July 2025).

Useful Links

• REST – The Retail Industry Superannuation Fund. This is the Super fund for nearly all SDA members.
• AUSfund – Find your lost super from previous jobs

One of the most common enquiries the SDA receives is about wages and incorrect pay.

There are a lot of factors that determine how you get paid, and it can get confusing for both you and your employer.

In a lot of cases, it’s easily fixed – and we can help call us on 131 732.

Note rate of pay may change due to .

• Birthday ( juniors rates) and
• SDA won pay rises
• Payment of Overtime Allowances