Employees’ right to require annual leave

Posted on February 14th, 2017

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annual leave From 29 July 2017 workers covered by a modern award will have a new right to require an employer to allow them to take annual leave.  The right will apply only where the employee has accrued substantial untaken annual leave.

The process is that the employee gives a notice which, if valid, must be approved by the employer. It is expected that a notice would only be given if agreement cannot be reached on dates.

To be valid, the notice must be in writing; the employee must have more than 6 weeks accrued leave; the request must not result in the employee having less than 6 weeks accrued leave; the request cannot be for a period of less than one week’s leave; the notice must be given at least 8 weeks, but not more than 12 weeks, prior to the proposed commencement date of the leave; and the employee cannot make a request to take more than 4 weeks leave in a 12 month period.

Although there will probably be relatively few situations in which notices of this kind will be given, the new right puts workers in a similar situation to employers – who have long had the capacity to direct workers to take accrued annual leave.

Tony Cavanagh Director at Mullane & Lindsay Solicitors NewcastleTony Cavanagh is a Director at Mullane & Lindsay Solicitors and practises extensively in Commercial dispute resolution and litigation, and employment law. If you require any assistance in these areas please contact Tony Cavanagh or contact our Newcastle or Sydney office. 

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