Minimum Employment Rights Across UK, FR, AU, NZ, CA, US 2026

Last verified: 2026-05-02

A founder hiring across UK, France, Australia, New Zealand, Canada, and the United States cannot rely on a single template employment agreement. Each country guarantees a different floor of minimum rights — paid leave, sick leave, maternity, minimum wage, working hours, dismissal protection. This guide is a side-by-side reference for 2026, with statute citations.

Quick Answer (TL;DR)

• Most generous: France (5 weeks paid leave, 35-hour week, strong CDI protection).
• Most flexible (employer): US (at-will employment in 49 states, no federal paid leave).
• Strong middle ground: UK (28 days statutory leave incl. bank holidays, statutory sick pay, 6-month probation common).
• High floor (Anglosphere): NZ (4 weeks leave, 11 public holidays, 10 days sick leave), AU (4 weeks + 17.5% leave loading in some awards, 10 days sick + carer’s leave).
• Variable: Canada (federal vs provincial, e.g. Ontario ESA — 3 weeks leave to start).

Comparison Table at a Glance

Country-by-Country Deep Dive

United Kingdom — Working Time + ERA + Equality Act

Statute: Working Time Regulations 1998 (SI 1998/1833); Employment Rights Act 1996; Equality Act 2010.

Annual leave. WTR reg 13 + 13A: 5.6 weeks paid (28 days for full-time, including bank holidays). Cannot be paid in lieu (except on termination).

Sick pay. Statutory Sick Pay (SSP) £116.75/week (2025), payable from day 4 for up to 28 weeks. Many employers have enhanced sick pay schemes.

Notice period. ERA s.86: 1 week up to 2 years’ service, then 1 week per year up to 12 weeks.

Maternity. Statutory Maternity Leave (SML) 52 weeks; Statutory Maternity Pay (SMP) 39 weeks at 90% of pay for 6 weeks then £187.18/week.

Unfair dismissal. The Employment Rights Bill 2024–25 (in Parliament, expected 2026) is set to remove the 2-year qualifying period and replace with day-one protection (subject to a “statutory probationary period”).

Source: https://www.gov.uk/employment-rights-act-1996

France — Code du Travail

Statute: Code du travail (especially Livre I — Relations individuelles); Code de la sécurité sociale.

France has the most pro-employee floor among the seven:

35-hour week. L.3121-27 sets the legal duration at 35 hours. Hours above 35 (within annual cap) are heures supplémentaires with 25% (first 8) / 50% (above) premium.

Annual leave. L.3141-3: 2.5 days per month worked, total 5 weeks. Plus 11 public holidays.

Sick leave. Indemnités journalières via CPAM; employer top-up to 90% of salary for first 30 days under L.1226-1, falling to 66% from day 31.

SMIC 2026. €11.88/hour gross (subject to annual revaluation).

Probation period (période d’essai) — L.1221-19 to L.1221-26.

• CDI cadres: 4 months max + 4 months renewal = 8 months total.
• CDI employés: 2 months + 2 months = 4 months.
• CDI agents de maîtrise: 3 months + 3 months = 6 months.
• CDD ≤6 months: 1 day per week up to 2 weeks.

CDI termination. Either licenciement (with cause) or rupture conventionnelle (mutual). Severance: 1/4 month salary per year for first 10 years, then 1/3 month per year (L.1234-9, since 2017 reform).

Source: https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006072050

Australia — National Employment Standards (NES)

Statute: Fair Work Act 2009 Part 2-2; Modern Awards.

NES is the floor every Australian employee receives:

1. Maximum 38 weekly hours (s.62).
2. Right to request flexible work (s.65).
3. Parental leave 12 months unpaid + 12 months extension on request (s.70).
4. 4 weeks annual leave (s.87) + 17.5% leave loading in some Awards.
5. 10 days personal/carer’s leave (s.96).
6. 2 days compassionate leave per occasion.
7. 10 days family + domestic violence leave.
8. Long service leave (state-based).
9. Public holidays (s.114).
10. Notice of termination 1–4 weeks (s.117) + redundancy pay 4–16 weeks (s.119).
11. Fair Work Information Statement.

Closing Loopholes Acts 2024. Introduced the “right to disconnect” (s.333M, from 26 August 2024 large employers / 26 August 2025 small) and reformed casual employment definition.

Modern Awards. Industry-specific instruments adding rates above NES. E.g., Clerks Award, Building & Construction General Award.

Source: https://www.fairwork.gov.au/

New Zealand — Holidays Act + ERA

Statute: Employment Relations Act 2000; Holidays Act 2003.

NZ floor:

• 4 weeks annual holidays (Holidays Act s.16) + 11 public holidays.
• 10 days sick leave per year after 6 months continuous service (s.65, since 24 Jul 2021).
• 3 days bereavement leave (s.69).
• 10 days family violence leave (since 1 April 2019).
• Minimum wage NZ$23.50/hour (April 2025).

Probation. Up to 90-day trial period only for employers with <20 employees (ERA s.67A).

Source: https://www.employment.govt.nz/

Canada (Ontario) — Employment Standards Act 2000

Statute: Employment Standards Act 2000 (ESA); Canada Labour Code (federal sectors only); Human Rights Code.

Ontario ESA floor:

• 2 weeks annual leave (5+ years service: 3 weeks).
• 9 public holidays (paid).
• 3 days unpaid sick leave; 3 days unpaid bereavement; 3 days unpaid family responsibility.
• Pregnancy leave 17 weeks + parental leave 61–63 weeks (combined unpaid).
• Minimum wage CAD$17.20/hour (October 2025).
• 44-hour workweek; overtime time-and-a-half above 44.
• Notice of termination 1–8 weeks (ESA s.57); severance 1 week per year for employees 5+ years if employer payroll ≥$2.5M (s.64).

Federal sector (banks, airlines, telecoms): Canada Labour Code adds different floor — e.g., 3 weeks annual leave + 10 days personal leave.

Source: https://www.ontario.ca/laws/statute/00e41

United States — Federal Floor + State Variation

Statute: Fair Labor Standards Act 1938 (FLSA); Family and Medical Leave Act 1993 (FMLA); Title VII Civil Rights Act 1964; ADA; ADEA.

US has the lowest mandatory federal floor of the seven jurisdictions:

• No federal paid annual leave.
• No federal paid sick leave.
• No federal paid parental leave. FMLA provides 12 weeks unpaid for employers with 50+ employees, employee 1+ year service.
• Federal minimum wage: $7.25/hour (unchanged since 2009). Most states are higher (CA $16.50, NY $16.50, FL $13).
• At-will employment in 49 states (Montana exception). Either party may terminate at any time for any reason except illegal reasons (discrimination, retaliation).
• Overtime: 1.5× regular rate for non-exempt employees over 40 hours/week.

State variations:

• California: 24 hours paid sick leave; CFRA (12 weeks paid); WARN Act state.
• New York: NY State Paid Family Leave 12 weeks at 67% wages.
• Washington: Paid Family & Medical Leave 12 weeks.
• Colorado, Connecticut, DC, Massachusetts, New Jersey, Oregon, Washington: state PFML programs.

Source: https://www.dol.gov/

Decision Framework / Q&A

Q1: I’m hiring my first French employee. What’s the minimum cost?

For a CDI employé at SMIC (€11.88/hour × 35 hours × 52 = €21,621 gross/year):

• Employer social charges (~42%): +€9,081.
• Total employer cost: ~€30,702.
• Employee receives net ~€16,950.

Q2: Can I do at-will employment in the UK?

No. UK employees gain unfair-dismissal protection at 2 years (currently; reform pending day-one protection). You can dismiss with notice and a fair reason; you cannot terminate at-will without legal risk.

Q3: What’s the difference between NZ trial period and Australian probation?

NZ trial period (ERA s.67A) excludes personal-grievance claims for unjustified dismissal during the 90 days, but only for employers <20 employees. Australia has no statutory probation; unfair dismissal protection begins at 6 months (small business 12 months).

Q4: Can I require a 6-month probation in France?

Only if the convention collective (collective bargaining agreement) allows. Code default for cadres is 4 months + 4 months renewal. Always check the applicable CCN.

Q5: Ontario sick leave — really only 3 unpaid days?

Yes federally and ESA. The 3 days are personal emergency leave (unpaid). Many employers in tech offer 5–10 paid sick days as benefit. There is no statutory paid sick leave.

Common Pitfalls (Gyoseishoshi View)

1. Treating UK probation as terminable at-will — even during probation, if the employee has 2+ years service from a prior tenure, unfair-dismissal applies.

2. Setting a French CDI probation longer than the convention collective allows — invalid; employee is confirmed from day 1.

3. Australian sub-20 employer skipping the 6-month unfair-dismissal threshold — small biz threshold is 12 months, not zero.

4. NZ trial period without written agreement signed before start — invalid; full ERA protection.

5. Ontario non-payroll employer claiming severance exemption — exemption applies to employees, not the role. Check the $2.5M threshold based on Canadian payroll.

6. US “at will” without state-level overlays — Massachusetts wage statute, California whistleblower, NY workers’ comp. State law may convert at-will into “for cause” practically.

Conclusion

The minimum employment rights spectrum runs from France (richest floor) to the US (lowest floor). Building a global handbook requires per-country addenda: French CDI clauses, NZ trial period, UK statutory minimum, Australian Modern Award, Ontario ESA, US state-specific. MmowW Scribe produces each jurisdiction’s compliant employment agreement with the latest 2026 rates and statutory references built in.

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Disclaimer

Legal information, not legal advice. MmowW Scribe is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, attorneys, avocats, or licensed legal practitioners in any jurisdiction.

Sources

• UK Employment Rights Act 1996: https://www.legislation.gov.uk/ukpga/1996/18
• UK Working Time Regulations 1998: https://www.legislation.gov.uk/uksi/1998/1833
• UK National Minimum Wage: https://www.gov.uk/national-minimum-wage-rates
• France Code du travail: https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006072050
• France SMIC: https://www.service-public.fr/particuliers/vosdroits/F2300
• Australia Fair Work Act 2009: https://www.legislation.gov.au/Details/C2024C00194
• Australia NES: https://www.fairwork.gov.au/employment-conditions/national-employment-standards
• Australia Closing Loopholes: https://www.fairwork.gov.au/newsroom/news/closing-loopholes
• New Zealand Employment Relations Act 2000: https://www.legislation.govt.nz/act/public/2000/0024/
• New Zealand Holidays Act 2003: https://www.legislation.govt.nz/act/public/2003/0129/
• Canada Ontario ESA: https://www.ontario.ca/laws/statute/00e41
• Canada Labour Code: https://laws-lois.justice.gc.ca/eng/acts/L-2/
• US DOL FLSA: https://www.dol.gov/agencies/whd/flsa