Annual Leave During Your Probation Period: Know Your Rights

Published: December 2024 | Reading time: 8 minutes

Starting a new job is exciting, but it often comes with uncertainty about your entitlements. One of the most common questions new employees ask is whether they can take annual leave during their probation period. The short answer is yes, you can, but there are important nuances to understand.

This guide explains how annual leave works during probation, addresses common misconceptions, and helps you navigate this early stage of employment with confidence.

Does Annual Leave Accrue During Probation?

Absolutely. Under Australian employment law, annual leave begins accruing from your very first day of permanent employment. There is no waiting period or qualifying timeframe before you start earning leave. The probation period is simply a trial period for both you and your employer to assess the employment relationship; it doesn't affect your fundamental employment entitlements.

This means that even during your first week at a new job, you're accumulating annual leave at the same rate as employees who've been there for years. For a full-time employee working 38 hours per week, this equates to approximately 2.923 hours of annual leave per week worked.

Can You Take Annual Leave During Probation?

Legally, yes. You can request to take accrued annual leave at any time during your employment, including during the probation period. However, there are practical considerations to keep in mind.

Employers cannot unreasonably refuse a leave request under the Fair Work Act. However, during probation, you're still establishing yourself in the role and building relationships with colleagues. Taking extensive leave during this period might not create the best impression, particularly if it significantly impacts your ability to learn the job or complete training.

That said, there are perfectly valid reasons to take leave during probation:

• Pre-planned holidays booked before accepting the job
• Family commitments or events
• Medical appointments or procedures
• Emergency situations

Communicating About Pre-Planned Leave

If you have holidays or commitments already scheduled when you're offered a new job, the best approach is to disclose this during the hiring process, ideally before accepting the offer. Most employers appreciate transparency and will accommodate reasonable pre-planned commitments.

Being upfront about existing plans:

• Demonstrates honesty and professionalism
• Gives the employer time to plan around your absence
• Prevents potential conflict later
• Sets clear expectations from the start

If you've already accepted the job but forgot to mention pre-planned leave, it's better to raise it as soon as possible rather than waiting until the last minute.

What If You Haven't Accrued Enough Leave?

Since leave accrues progressively, you might find yourself needing time off before you've accumulated sufficient leave hours. In this situation, you have several options:

Leave in Advance

Some employers allow employees to take annual leave in advance of accruing it. This essentially means borrowing from future leave entitlements. However, if your employment ends before you've accrued the leave you've taken, the employer can deduct the value of that leave from your final pay.

Leave Without Pay

If your employer doesn't offer leave in advance, you may be able to take unpaid leave. This requires mutual agreement, and there's no guarantee it will be approved, but it's a common solution for pre-planned commitments disclosed during hiring.

Using Other Leave Types

If you need time off for illness or caring responsibilities, personal/carer's leave accrues separately from annual leave and may be available even early in your employment.

How Much Leave Will You Have Accrued?

To understand how much leave you'll have during your probation period, let's look at typical accrual rates:

After 1 month (4 weeks): Approximately 11.69 hours

After 3 months (13 weeks): Approximately 38 hours (one full week)

After 6 months (26 weeks): Approximately 76 hours (two full weeks)

Use our annual leave calculator to determine your exact leave balance based on your specific start date and hours worked.

Probation Period Length and Termination

Probation periods in Australia typically range from three to six months, though they can be longer for some senior or specialized roles. During this time, either party can end the employment relationship with minimal notice.

If your employment ends during probation for any reason, you're entitled to be paid out for any accrued annual leave at your current pay rate. This is the same as for any other termination, regardless of how short your employment was.

Tips for New Employees

Be Transparent

If you need time off during probation, communicate openly with your manager. Explain the situation, propose solutions, and show that you're committed to the role despite needing to be away.

Plan Strategically

If possible, schedule any leave for less critical periods. Avoid taking leave during crucial training sessions, important projects, or busy periods if you can help it.

Demonstrate Commitment

Before and after any leave during probation, show extra dedication to your work. Ensure handovers are smooth and pick up where you left off without missing a beat.

Know Your Rights

While being diplomatic is important, also know that you have legal rights to your accrued leave. An employer who consistently refuses reasonable leave requests may be acting unlawfully.

Common Employer Practices

Some employers have policies that discourage or complicate leave-taking during probation. While they can't prevent you from taking accrued leave, they might:

• Request that leave during probation be kept to a minimum
• Require additional approval from senior management
• Ask for more notice than usual

These practices are generally acceptable as long as they don't amount to unreasonably refusing leave requests. If you believe you're being treated unfairly, consider seeking advice from the Fair Work Ombudsman.

Conclusion

Annual leave during probation is your right, not a privilege that needs to be earned. From your first day as a permanent employee, you begin accruing leave that you're legally entitled to take. While practical considerations and workplace relationships should inform how you approach leave requests during this early period, you should never feel that you can't take the time off you need and are entitled to.

Being transparent, planning ahead, and communicating effectively with your employer will help ensure that any leave during probation goes smoothly and doesn't negatively impact your new role.