Common use of Accrued Day Off Clause in Contracts

Accrued Day Off. (a) An employee shall not derive any additional benefit for Accrued Days Off which fall within a period of annual leave. (b) Annual leave shall be exclusive of any public holiday which may occur during the period of annual leave. (c) Subject to clauses 7.1.5 and 7.1.6, an employer shall pay annual leave in advance. (d) Subject to clause 7.1.4(e), annual leave shall be calculated according to an employee's ordinary rate of pay. (e) If an employee is being paid in excess of his/her ordinary rate of pay immediately prior to the commencement of annual leave, such leave shall be calculated according to the excess rate. (f) If any employee is dismissed by the employer or voluntarily leaves his/her employment after any annual leave has become due, and without such leave having been taken, such employee shall be entitled in lieu thereof to a sum equal to salary computed at the rate of wages which the employee was earning at the date of such dismissal or leaving calculated in accordance with clauses 7.1.5 or 7.1.6. (g) If an employee is dismissed by the employer or voluntarily leaves his/her employment after the date which their last preceding leave was due, the employee shall be allowed the pro rata number of days for the time so worked, by payment equal to salary computed at the rate of wages he/she was earning at the date of such dismissal or leaving, calculated in accordance with clauses 7.1.5 or 7.1.6. (h) If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid in addition to all other amounts due to them an amount equal to 1/12 of their pay for the period of their employment calculated in accordance with clauses 7.1.5 or 7.1.6.