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Free tools › Notice periods by country

Notice period:
Australia vs United States

Statutory notice period in Australia and the US, side by side, with the primary source for every figure.

How do notice periods compare between Australia and US?

Australia: 1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service. United States: None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs.

Australia vs United States, side by side

AustraliaUnited States
The rule1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service.None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs.
At 1 year1 weekNo statutory scale
At 5 years3 weeksNo statutory scale
At 10 years4 weeksNo statutory scale
Key numbersMinimum employer notice: 1 to 4 weeks by tenure; Over-45 addition: +1 week (over 45, 2+ years' service); Payment in lieu: Permitted, at the full pay rateIndividual dismissal: No federal notice requirement; WARN Act: 60 days, mass layoffs at 100+ employee firms; State variation: Mini-WARN laws in several states

Australia

The National Employment Standards set minimum written notice (or payment in lieu at the full rate) on a four-band tenure scale. The over-45 addition sits on top. Awards and agreements can require more, and they are also what obliges an employee to give notice, the NES itself does not.

  • Minimum employer notice1 to 4 weeks by tenure
  • Over-45 addition+1 week (over 45, 2+ years' service)
  • Payment in lieuPermitted, at the full pay rate
Length of serviceEntitlement
1 year or less1 week
More than 1 year, up to 3 years2 weeks
More than 3 years, up to 5 years3 weeks
More than 5 years4 weeks
  • Bands read 'more than X years': at exactly 5 years the entitlement is 3 weeks, not 4.
  • No NES notice for casuals, genuine fixed-term contracts or serious misconduct.

Source: Fair Work Ombudsman (NES, in force since 2010). Checked July 2026.

United States

No US federal law requires notice for an individual dismissal. The WARN Act requires 60 calendar days' written notice, but only for plant closings and mass layoffs at employers with 100 or more employees, and several states run stricter mini-WARN versions. Individual notice, where it exists, comes from the contract.

  • Individual dismissalNo federal notice requirement
  • WARN Act60 days, mass layoffs at 100+ employee firms
  • State variationMini-WARN laws in several states
  • Montana is the main exception to pure at-will employment.
  • Failing to give WARN notice costs up to 60 days' back pay and benefits per employee.

Source: US Department of Labor (WARN Act 1988). Checked July 2026.

Sources

Every figure on this page comes from the government source for its market.

MarketSourceRule / effectiveVerified
AustraliaFair Work OmbudsmanNES, in force since 2010Checked July 2026
United StatesUS Department of LaborWARN Act 1988Checked July 2026

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Common questions

What is the rule on notice period in Australia?

1 to 4 weeks by length of service, plus 1 extra week for employees over 45 with at least 2 years' service. The National Employment Standards set minimum written notice (or payment in lieu at the full rate) on a four-band tenure scale.

What is the rule on notice period in the US?

None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs. No US federal law requires notice for an individual dismissal.

Where can I check the source figures?

The sources section below links the Australia and the US government pages every figure on this page was verified against in July 2026.

This page is general information, not legal advice. We check figures annually and update them on a best-efforts basis, but employment rules change and we cannot promise everything here is current or complete. Before you act on it, confirm the detail with the Fair Work Ombudsman, the US Department of Labor or your own adviser. Last reviewed July 2026.