Notice Period Calculator

Calculate Your Minimum Notice Period

This calculator applies the NES minimum notice requirements under s.117 of the Fair Work Act 2009. Enter the employee's years of continuous service and age to calculate notice. Modern awards or enterprise agreements may require longer notice; always check the applicable instrument before issuing notice or accepting a resignation.

Statutory Minimum Notice Periods Under the NES

The statutory minimums under the Fair Work Act are:

The Over-45 Additional Week

Employees aged 45 or over who have completed at least two years of continuous service get an extra week of notice on top of the standard notice period. For example, an employee who is 45 years old with six years of service receives five weeks rather than four.

These are minimum entitlements. The applicable modern award or enterprise agreement may specify a longer notice period. Where the award provides a longer period, the longer period applies. Refer to the Fair Work Ombudsman's guidance on notice of termination for the current legislative requirements.

Resignation Notice Periods

When an employee gives their intention to resign, the notice period they need to give is typically set out in the employment contract or the applicable award. If neither stipulates a resignation notice period, reasonable notice applies. In many cases the employee's notice period mirrors the employer's obligation, but this is not automatic.

Employers cannot withhold or deduct pay from an employee who resigns without working their notice, except in limited circumstances. Employers cannot deduct notice pay from an employee's wages unless authorised under s.324 of the Fair Work Act, which generally requires authorisation under a modern award, enterprise agreement, court order, Commonwealth or State law, or written employee consent that is principally for the employee's benefit. If an employee does not work through their notice period after resigning, the employer's options depend on the terms of the contract. The employer must still pay all outstanding entitlements, including final pay for hours worked and any accrued leave, when employment ends.

Contractual Notice and Garden Leave

An employment contract may stipulate a contractual notice period that exceeds the NES minimum. Where the contract provides a longer notice period, the contractual notice applies. Employers should review the contract before issuing any notice of termination.

Garden Leave During the Notice Period

Garden leave is an arrangement where the employer directs the employee not to attend the workplace during the notice period while continuing to pay them. Entitlements such as leave continue to accrue during garden leave. Garden leave clauses are common in senior roles and allow a smooth handover without the departing employee retaining access to systems or clients.

Payment in Lieu of Notice (PILON)

Payment in lieu of notice (commonly referred to as PILON) allows the employer to end employment immediately by paying out the notice period rather than requiring the employee to work the notice period. The payment must be at least the amount the employee would have earned during the notice period, including any loadings and allowances they would ordinarily receive. Many employers use PILON when operational needs require a clean separation on the last day of employment.

Notice and Redundancy Entitlements

Where an employee is made redundant, the employer must provide both the applicable notice period and any redundancy pay entitlement under the NES. Notice and redundancy are separate obligations and must be calculated independently. Some modern awards also provide additional redundancy entitlements beyond the NES. For the dismissal process itself, including the performance and misconduct pathways, the Letting Someone Go guide sets out each step.

The Redundancy Pay Calculator calculates the separate NES redundancy pay entitlement. For a comprehensive guide to the termination process beyond notice calculations, read the termination of employment guide on the blog.

Important Considerations for Employers

Continuous service is calculated from the employee's start date, excluding periods of unauthorised absence and certain unpaid leave. Certain authorised unpaid leave, most notably unpaid parental leave, community service leave, and stand-down, counts toward continuous service under s.22 of the Fair Work Act. Most paid NES leave always counts. Other unpaid leave generally does not, unless the contract or a relevant instrument says otherwise. If the calculation is unclear, seek professional advice before issuing notice.

An employer's right to terminate without notice applies only in cases of serious misconduct. Even then, the employer must still pay the employee's accrued entitlements, including any annual leave and long service leave that has accrued. An employee can also take leave during the notice period if the employer agrees or the leave is already approved.

NES minimum notice under s.117 applies to all employees regardless of probation status. The scale starts from the first day of employment. Some modern awards may provide alternative arrangements during probation, but they cannot reduce notice below the NES floor. The minimum employment period under s.383 determines whether an employee can bring an unfair dismissal claim, which is a separate question from whether notice is owed. Do not assume that probation removes the obligation to give notice.

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