Pay & Employment
Notice Period Calculator
Minimum notice of termination under the NES by length of service, the extra week for over-45s, and payment in lieu.
Result
Updates as you typeMinimum notice from the employer
3 weeks
- Continuous service
- 4 years, 8 months, 13 days
- From the service scale
- 3 weeks
How it's calculated
Before dismissing an employee, an employer must give written notice (or pay in lieu) of at least the period set by the National Employment Standards (Fair Work Act 2009, s 117). The period depends on the employee's continuous service on the day notice is given, with an extra week for an employee over 45 who has at least 2 years of service.
Worked example
An employee aged 48 who started on 14 February 2022 and is given notice on 30 October 2026, on $1,400.00 a week:
- Continuous service: 4 years, 8 months, 17 days → more than 3 but not more than 5 years = 3 weeks
- Over 45 with at least 2 years: +1 week
- Minimum notice 4 weeks; payment in lieu 4 × $1,400.00 = $5,600.00
NES minimum notice periods
| Continuous service | Minimum notice |
|---|---|
| Not more than 1 year | 1 week |
| More than 1 years but not more than 3 years | 2 weeks |
| More than 3 years but not more than 5 years | 3 weeks |
| More than 5 years | 4 weeks |
| Over 45 years old with at least 2 years' service | +1 week |
Frequently asked questions
How much notice does an employer have to give in Australia?
At least 1 week for up to 1 year of continuous service, 2 weeks for more than 1 and up to 3 years, 3 weeks for more than 3 and up to 5 years, and 4 weeks for more than 5 years. An employee over 45 with at least 2 years' service gets 1 week more. These are minimums; an award, agreement or contract can require longer.
Can the employer pay instead of giving notice?
Yes. The employer can pay out the notice period instead (payment in lieu), at the full rate of pay for the hours the employee would have worked, including allowances, loadings and penalty rates, not just the base rate.
How much notice do I have to give when I resign?
The NES minimum notice applies to notice given by employers. Notice an employee must give comes from their award, enterprise agreement or contract; many awards mirror the same scale without the extra week for age.
Does casual employment count towards service?
No. Periods of casual employment do not count towards continuous service for notice, and casual employees are not entitled to notice of termination under the NES.
When is no notice required?
For serious misconduct, for employees on a fixed-term contract that ends on its agreed date, for casual employees and in some other cases set out in section 123 of the Fair Work Act. Unfair dismissal rules are separate from notice.
Sources
NES minimum for notice given by the employer; exclusions in s 123 (serious misconduct, casuals, fixed-term contracts) apply and awards, agreements and contracts can require more. Results are for guidance only.
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