Annual Leave. (a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment. (b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata (c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre. (d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday. (e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given. (f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g). (g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving. (h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued. (i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead. (j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue. (k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Annual Leave. (a) An employee is
12-1 Full-time, year-round classified employees shall be entitled to four weeks Annual Leave in the hourly equivalent of ten working days of paid annual leave each year of service. Annual Leave will accumulate at the rate of one third of a week per month during their first five years of employment.
. After five (b5) After six weeks consecutive years of employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of fifteen working days of paid annual leave. After fifteen (15) years of consecutive employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of twenty (20) working days of paid annual leave. (2011)
12-2 Annual leave is earned and credited to the employee on a monthly basis coinciding with pay periods. Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to personal business. Employees may not use annual leave before the end of the pay period in which the hours accrued. (2011)
12-3 If an employee may apply accepts a position that accrues annual leave and, immediately preceding the acceptance of such position, was in continuous full-time employment with the School District, such prior service time shall be included in determining the rate at which annual leave shall accrue. This rate shall be prorated dependent upon the prior contracted days. (2011)
12-4 Annual leave must be earned before it can be accrued and used. Entitled employees shall be eligible to take accrued annual leave following their first six (6) months of employment. Upon termination, an employee with more than six months of continuous employment will be paid for all accrued annual leave at the employee’s last regular rate of pay. (2011)
12-5 Annual Leave pro rata
(cis an earned benefit. If employees meet the requirements for annual leave, they shall be allowed to take their annual leave at a time(s) The employee must formally seek of their choosing, provided they request the leave in advance and receive approval from their supervisor. Reasonable consideration will be given to an employee's request for specified annual leave dates. In instances where there is a conflict in scheduling vacation time off submitted at the Centre for same time between employees in the same department or site, seniority shall be given priority. Otherwise, the employee that submits the request the earliest would be given priority. (2017)
12-6 District staffing needs as well as emergency situations may require denial of annual leave and the Centre will consult other employees to check that the leave is consistent with the needs requests and/or rescheduling of the Centreapproved dates.
12-7 No more than the hourly equivalent of two (d2) Any public holiday during an employee’s Annual Leave will years annual leave may be counted and paid as suchaccumulated. No additional annual leave shall be accrued beyond the maximum that could be accumulated over two (2) years. (2011)
12-8 In unusual circumstances, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not earned annual leave may be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leavethe two (2) year maximum, the Centre may consult provided the employee about a suitable time was unable to take such Annual Leavevacation leave due to workload and the extended accrual is approved by the District. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this2011), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Negotiation Agreement, Negotiation Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (a) An employee AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks Annual Leave in each year of serviceannual leave per annum for full-time and pro-rata for part-time status. Annual Leave will accumulate Remuneration for any period of annual leave shall be paid at the normal weekly rate of one third plus the addition of a week per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will loading. This loading shall be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion payment of annual leave until upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the date Employee by way of a written request to the leave credit would otherwise have accrued.
(i) Employer. Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form such a request is submitted with a medical certificate stating made and approved by the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedEmployer, the employee Employee will reimburse the Centre receive a payment in lieu of the amount of annual leave that has yet to accrueat a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. Annual leave is accrued, in any annual leave year, on a pro rata basis (a) An at 8% of gross earnings, to date, given an annual leave entitlement of four weeks); • Each employee is entitled will receive a new entitlement to four weeks annual leave on the date of that employee’s anniversary of appointment; and • A new annual-leave year will begin, at that time, for that employee; • Annual Leave leave shall be taken within the annual-leave year; • The granting of annual leave will be considered on the basis of any accrued entitlement; • The employer may grant annual leave in each year advance of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.
(b) After six weeks of employment, accrued entitlement; • Any request by an employee to take annual leave in advance of accrued entitlement must be in writing; • The employer may apply seek repayment for any annual leave granted in advance of accrued Annual Leave pro rata
(c) The entitlement, at a time where an employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent leaves their employment with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave centre; • There will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except closure for a minimum of two (2) weeks at the end of an employee’s employment, when the employee is entitled each calendar year to payment as set out in subclause 34 allow for employees to take a minimum two (g).
(g2) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period weeks uninterrupted weeks of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will • The employer shall not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided agree that where an employee leaves is sick or injured (or her/his partner or dependant is sick or injured) on a public holiday that the Centre before employee can take the leave period of sickness or injury as sick leave; given • The centre is accruednot open on such public holidays; • The employer shall agree that where an employee is sick or injured when on annual leave, the employee will reimburse can take the Centre the amount period of sickness or injury as sick leave rather than annual leave provided that has yet to accrue.
(k) The provisions all annual leave can be taken by the end of the Annual Xxxxxxxx Xxx 0000 also applyannual –leave year; • The employer shall require a medical certificate for periods where and employee is sick or injured (or her/his partner or dependant is sick or injured) when on annual leave, for any such day or days, unless there are exceptional circumstances; otherwise • The employer shall require a medical certificate for periods of absence on sick leave exceeding three (3) days, unless there are exceptional circumstances.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. 8.1 Employees shall be entitled to 4 weeks annual leave, taken and paid in accordance with the Holidays Act 2003 and subject to the other provisions of this clause, except that on completion of five years recognised current continuous service the employee shall be entitled to 5 weeks annual leave.
8.2 Notwithstanding the above, casual employees shall be paid 8% of gross taxable earnings in lieu of annual leave to be added to the salary paid for each engagement, where they meet the requirements of s.28 of the Holidays Act.
8.3 The following provisions shall apply for annual leave:
(a) An The employer may permit an employee is entitled to four weeks Annual Leave take annual leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employmentor more periods.
(b) After six weeks The Employer may permit all or part of employmentthe annual leave accruing in respect of a year to be postponed to the next following year, an employee may apply for accrued Annual Leave pro ratabut the annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years.
(c) The Provided that, where an employee must formally seek approval from is on continuous leave without pay due to illness or accident the Centre employee will be permitted to take or accumulate leave for up to two years. After this, an employee will not qualify for any further period of leave and the Centre will consult other employees to check that the leave until duty is consistent with the needs of the Centreresumed.
(d) Any public holiday during Where an employee’s Annual Leave will employee ceases duty, salary shall be counted paid for accrued annual leave and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidaylast day of service shall be the last day of such accrued leave.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more been granted special leave including leave without pay (but excluding sick, accident or military leave) for a period of not less than six weeks accumulated Annual Leavetwo (2) months, the Centre Employer may consult the employee about a suitable exclude such time to take such Annual Leave. An employee will not forfeit any from service for leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenpurposes.
(f) Annual Leave Every part-time employee will not be entitled to annual leave as prescribed. Salary during leave will be paid unless for the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)usual working week.
(g) When an Anticipation of annual leave for overseas trip – An employee finishes employment they will be paid all accrued Annual Leave plus any with over 20 years’ current continuous service may anticipate one year’s annual leave loading owing in entitlement for the form purpose of taking a lump sum payment at the time of leavingtrip overseas.
(h) The rate of Leave without pay for Annual Leave in relation to annual leave entitlement – An employee who is granted leave without pay and who remains in the ordinary rate of salary plus a leave loading of 17.5% Service of the gross salary Employer, will, except where provision is made otherwise, have such leave counted as service for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedpurposes.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also applyParental Leave and Employment Protection Act 1987 shall apply in relation to annual leave when an employee takes a period of parental leave or returns to work from parental leave in accordance with Clause 15 of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Annual Leave. (1) Medical Practitioners other than those employed on a casual basis shall be entitled to six weeks’ annual leave.
(2) Annual leave will accrue on a progressive basis in respect of each ordinary hour worked, and the time during which the leave may be taken is subject to the approval of the Employer.
(3) Additional annual leave
(a) An employee is entitled On Call
(i) A Medical Practitioner can accrue up to four weeks Annual Leave in a maximum of 40 hours of additional annual leave.
(ii) For each year completed period of service. Annual Leave will accumulate at the rate 120 hours rostered on call a Medical Practitioner shall accrue 8 hours of one third of a week per month of employmentannual leave.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataWorking Sundays and Public Holidays
(ci) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees A Medical Practitioner can accrue up to check that the leave is consistent with the needs a maximum of the Centre40 hours of additional annual leave.
(dii) Any public holiday A Medical Practitioner who is rostered to work their ordinary hours on a Sunday and/or Public Holiday during a qualifying period of employment for annual leave shall receive an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayadditional 8 hours leave for each seven ordinary shifts so worked.
(e4) Annual Leave should not The maximum amount of leave that can be accumulated beyond accrued under sub clause (3) above is 40 additional hours of leave during a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenqualifying period.
(f5) Annual Leave will not All annual leave taken shall be paid unless the employee takes the corresponding period of absence from work, except at the end rate of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment salary applicable at the time of leavingtaking such leave.
(h6) When the convenience of the Employer is served the Employer may approve the deferment of the commencing date for taking annual leave, but such approval shall only remain in force for one year.
(7) The rate Employer may renew the approval referred to immediately above for a further period of pay for Annual Leave is a year or further periods of a year but so that a Medical Practitioner does not at any time accumulate more than three years' entitlement.
(8) Where the ordinary rate of salary plus a leave loading of 17.5% convenience of the gross salary Employer is served the Employer may approve the deferment of the commencement date for taking annual leave so that a Medical Practitioner accumulates more than three years' entitlement, subject to any condition which the Employer may determine.
(9) When a Medical Practitioner who has received approval to defer the commencement date for taking annual leave under this sub clause next proceeds on annual leave, the annual leave first accrued shall be the first leave taken.
(10) Notwithstanding the provisions of this Clause, the Employer may direct a Medical Practitioner to take accrued annual leave and may determine the date on which such leave shall commence.
(11) Medical Practitioners upon request shall receive their ordinary pay and any allowances due to them for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of their annual leave until the date the leave credit would otherwise have accruedprior to going on such annual leave.
(i12) Where an employee would have Annual leave loading has been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating annualised into the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadbase salary.
(j13) The Centre Payment of unused annual leave shall be made on the death, resignation or retirement of a Medical Practitioner.
(14) By agreement between the Employer and Medical Practitioner a Medical Practitioner may in appropriate circumstances allow an employee request to anticipate future leave creditscash out annual leave, provided that where an employee leaves such cashing out shall not result in the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrueMedical Practitioner’s remaining accrued entitlements being less than 4 weeks.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Enterprise Agreement, Medical Practitioners Enterprise Agreement
Annual Leave. A. All employees appointed to a regularly established position authorized for twelve (a12) months per year earn annual leave.
B. An eligible employee must be in pay status for at least one-half of the hours for which the employee is entitled appointed during a pay period in order to four weeks accrue annual leave during that pay period.
C. Annual Leave leave is accrued while in each year of service. Annual Leave will accumulate the 12-month position at the rate following rates: Years of one third of a week per month of employment.Service Days Per Month Days Per Year 5 (1 - 60 months) 1 12 6-10 (61 - 120 months) 1.25 15 11+ (Above 120 months) 1.50 18
(b) After six weeks of employment, an employee D. Annual leave may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond up to a maximum of six weeksforty-five (45) working days. Where Part-time personnel may accumulate up to a maximum of forty-five (45) portions of a day proportionate to the time worked. The administrative head of each school or department should make every effort to ensure that vacation leave is used on a current yearly basis in order to provide employees with vacation, proper rest, and relaxation. In those instances when an administrator is unable to allow an employee has more than six weeks accumulated Annual Leaveto use vacation leave on a current basis, the Centre employee may consult continue to accrue leave beyond the 45-day maximum; however, vacation leave earned in excess of the forty-five (45) days must be used during the calendar year or forfeited at the close of the workday on December 31 each year.
E. An employee’s request for annual leave shall be made in accordance with Section 11.22.
F. An employee, upon separation from the District for any reason, shall be paid for all annual leave accrued as of the date of separation at the employee’s base rate of pay on that date.
G. An employee who enters the Deferred Retirement Option Program (DROP) shall be paid for accrued annual leave, up to forty-five (45) days, at the time the employee about a suitable time to take such Annual Leaveenters DROP. An employee will not forfeit any Such leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless at the employee’s current hourly base rate of pay at the time the employee takes the corresponding period of absence from workenters DROP. A DROP participant who is in a position authorized to earn annual leave as indicated in paragraph 11.15A above shall earn annual leave as indicated in this article. Annual leave accrued during DROP participation, except up to forty-five (45) days shall be paid at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment current hourly base rate at the time of leavingtermination.
(hH. Employees eligible to receive annual leave pay, as provided in F and G above, shall participate in the Board approved 401(a) Qualified Retirement Plan subject to a minimum contribution level established by the Board in consultation with LESPA. The rate 401(a) Qualified Retirement Plan allows: - Participating employees to defer federal income tax and permanently avoid the payment of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid Social Security tax and Medicare tax on that portion eligible plan contributions of annual leave until payout; and - Participating employees who wish to withdraw their funds under conditions that subject the date funds to the leave credit would otherwise have accruedearly withdrawal penalty assessed by the Internal Revenue Service will be reimbursed a 2.35 percent portion of such ten (10) percent penalty upon application to the District pursuant to District procedures for such reimbursement.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Collective Bargaining Contract, Collective Bargaining Contract
Annual Leave. (a) This clause applies to persons engaged by the week as defined in the definitions clause of this Agreement.
34.1 All Employees shall be entitled to four weeks’ annual leave in respect of each calendar year of service. Such leave to be paid at the Total Negotiated Rate and before the employee commences the period of leave.
34.2 Such annual leave shall accrue from the first day of employment for rehearsals. An employee is entitled to four weeks Annual Leave in accrue an amount of paid annual leave, for each year completed 4 week period of service. Annual Leave will accumulate at continuous service with the rate employer of one third 1/13 of a the number of nominal hours worked by the employee for the employer during that 4 week per month of employmentperiod.
(b) After six weeks 34.3 Where any public holiday falls within such period of employment, leave then an employee may apply additional day for accrued each such public holiday shall be added to the period of leave.
34.4 Annual Leave pro rata
(c) The employee must formally seek approval leave shall be given at a time fixed by the Employer within a period not exceeding three months from the Centre for date when the right to annual leave accrued and after as much notice as is practicable and in any case not less than three weeks’ notice to the Employee.
34.5 Unless otherwise mutually agreed upon, annual leave shall not be taken whilst the Employee is away from his/her place of residence. If annual leave is given to the Employee whilst on tour the Employer shall provide air (economy) travel to his/her place of residence. Such travelling time shall be outside the Employee's period of leave.
34.6 Annual leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.
34.7 If so requested by an Employee the Employer may allow annual leave to an Employee before the right thereto has accrued.
34.8 Where an Employee's engagement terminates and the Centre will consult other employees Employee has become entitled to check that annual leave the Employer shall be deemed to have given the annual leave is consistent with (or such portion of it as has not been taken by the needs Employee) from the date of termination of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted engagement and paid as suchshall forthwith pay to the Employee, and not as Annual Leavein addition to all other amounts due to them, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary his/her Total Negotiated Rate for the period of leave. Howeverleave due.
34.9 In respect of any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the Centre Employee has allowed an employee during the engagement become entitled to anticipate future annual leave, computed from the date on which he/she became entitled to annual leave), the Employer shall forthwith pay to the Employee, in addition to all other amounts due to
34.10 Each Employee before going on annual leave credits, leave loading will not shall be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but wages for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity leave at the Total Negotiated Rate ordinary weekly rate being paid to the Employee.
34.11 The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by Subclauses 34.7 and 34.8 above, payment shall not be made or accepted in lieu of annual leave.
34.12 Where annual leave has been granted to an Employee pursuant to subclause 34.7 hereof before the right thereto has accrued due and the Employee subsequently leaves or is discharged from the service of the employee, Annual Leave is to be recredited and sick Employer before completing the twelve months’ continuous service in respect of which the annual leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedwas granted, the employee will reimburse the Centre Employer may deduct the amount of annual leave that has yet such excess from any remuneration payable to accruethe Employee under Subclause 34.9 above.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Performers’ Collective Agreement, Performers' Collective Agreement
Annual Leave. (a) An employee is 9. 1 On commencement, Allied/Professional staff are entitled to four five weeks paid annual leave per annum. Annual leave must be taken at a time agreed by the Polytechnic who will not unreasonably withhold consent. If the Polytechnic and Employee are unable to reach agreement, or for an annual closedown period, the Polytechnic can require the Employee to take annual leave on 14 days' notice.
9.2 Staff with less than 1 year service will be entitled to 5 weeks annual leave per year on commencement with effect from 1 January 2022. This includes fixed term staff who are employed for less than a year.
9.3 Leave year means a year ending on 31 December, except in each the employees first year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.
(b) After six weeks of employment9.4 The Employee's pay during annual leave will be the Employee's average weekly earnings during the previous 12 months, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from or current ordinary weekly pay whichever is the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centregreater.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if 9.5 If the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual LeaveEmployee, the Centre may consult Employee's spouse or a dependent is sick or injured while the employee about a suitable time Employee is taking annual leave, the Employee can ask to take such Annual Leavehave some of that leave transferred to sick leave. An employee The Polytechnic will not forfeit any leave entitlement accrued above six weeks, however consider the Centre may direct an employee, within three months of request having regard to the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment relevant circumstances at the time of leavingand take into consideration any medical certificate provided.
(h) The rate of pay for Annual Leave is 9.6 If the ordinary rate of salary plus a Employee suffers bereavement before or during annual leave, the Employee can take the bereavement leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee which they would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating had the Employee been working. The Polytechnic will then transfer the relevant period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accruebereavement leave.
(k) The provisions 9.7 If the Employee, the Employee1s spouse, or a dependent is sick or injured before the Employee takes annual leave, the Employee can replace any period of sickness or injury that would have been annual holiday with sick leave, within the limits of the Annual Xxxxxxxx Xxx Employee's accrued entitlements.
9.8 The Employee may use accrued annual leave as sick leave or bereavement leave if all his or her entitlement has been used, but must notify the Polytechnic in writing that the Employee wishes to do so.
9.9 The Ministry of Business Innovation and Employment (visit www.mbie.govt.nz.Jor phone 0000 also apply00 00 00) can provide additional information about the Employee's entitlement to annual leave.
Appears in 2 contracts
Samples: Collective Employment Agreement, Collective Employment Agreement
Annual Leave. (i) Annual leave on full pay accrues progressively during a year of service according to the employee‟s ordinary hours of work on the basis of the following:
(a) Employees required to work on a seven day basis - six weeks annual leave.
(b) All other employees - four weeks annual leave. Employees shall accrue annual leave progressively during a year of service according to the employee‟s ordinary hours of work, up to a maximum of 38 hours per week. In the case of a part- time employee, accrual shall occur on a pro-rata basis. Annual leave will be credited to employees fortnightly. Annual leave accumulates from year to year. This clause contains additional provisions which apply to employees, other than casual employees. The additional provisions are: Counter Leave and the ability to cash out annual leave, which are outlined below.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is entitled required to four weeks Annual Leave and does work on a public holiday shall be paid, in each year addition to the appropriate ordinary weekly rate of service. Annual Leave will accumulate pay, at the rate of one third half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a week per month of employmentpublic holiday.
(b) After six weeks To leave prescribed by paragraph (a) of employmentsubclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the 10 specifically named public holidays prescribed by subclause (iii) of this clause, an employee or a special day proclaimed in lieu of any of them) which may apply occur during the qualifying period for accrued Annual Leave pro rataannual leave or during the period of annual leave.
(c) The A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (i) on full pay; provided that an employee must formally seek approval from the Centre for who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to his/her period of annual leave and be paid at the Centre will consult other employees rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to check that annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to his/her ordinary weekly rate. Where payment is made in lieu of leave is consistent with the needs in respect of the Centretime worked on a public holiday, payment shall be made for a minimum of four hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Any Where a public holiday during an employee’s Annual Leave will be counted and paid falls on a rostered day off of a shift worker as suchdefined in clause 3, Definitions, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six who receives four weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted in accordance with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.paragraph
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Annual Leave. (i) Annual leave on full pay accrues progressively during a year of service according to the employee’s ordinary hours of work on the basis of the following:
(a) Employees required to work on a seven day basis (this is definition of shiftworker for the purposes of the NES for full time employees covered by this Agreement)- six weeks annual leave.
(b) All other employees - four weeks annual leave.
(a) An employee to whom paragraph (a) of subclause (i) applies and who is entitled required to four weeks Annual Leave and does work on a public holiday shall be paid, in each year addition to the appropriate ordinary weekly rate of service. Annual Leave will accumulate pay, at the rate of one third half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a week per month of employmentpublic holiday.
(b) After six weeks To leave prescribed by paragraph (a) of employmentsubclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the eleven specifically named public holidays prescribed by subclause (iii) of this clause, an employee or a special day proclaimed in lieu of any of them) which may apply occur during the qualifying period for accrued Annual Leave pro rataannual leave or during the period of annual leave.
(c) The A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (i) on full pay; provided that an employee must formally seek approval from the Centre for who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the Centre will consult other employees rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. In lieu of adding to check that annual leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition to their ordinary weekly rate. Where payment is made in lieu of leave is consistent with the needs in respect of the Centretime worked on a public holiday, payment shall be made for a minimum of four hours’ work, and any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Any Where a public holiday during an employee’s Annual Leave will be counted and paid falls on a rostered day off of a shift worker as suchdefined in clause 3, Definitions, and not as Annual Leavewho receives four weeks annual leave in accordance with paragraph (b) of subclause (i) of this clause, such shift worker shall be paid one day's pay in addition to the weekly rate or if the employee would otherwise so elects shall have been entitled one day added to that public holidaythe period of annual leave.
(e) Annual Leave should not To the leave prescribed by paragraph (b) of subclause (i) there shall be accumulated beyond added one working day for each public holiday or one half working day of each half public holiday which occurs on what would have been an ordinary working day during a maximum period of six weeks. Where an employee has more than six weeks accumulated Annual Leave, annual leave; provided that in the Centre may consult case of a shift worker referred to in paragraph (d) of this subclause the employee about a suitable time provisions of this paragraph shall apply to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however public holiday falling during the Centre may direct an employee, within three months period of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenannual leave.
(fiii) Annual Leave will not For the purpose of this subclause the following are to be paid unless public holidays viz., New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within the employee takes area in which the corresponding period of absence from work, except at the end of an employee’s employment, when the employee usual workplace is entitled to payment as set out in subclause 34 (g)situated.
(giv) When In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an employee finishes employment they extra public holiday each year. Such public holiday will be paid all accrued Annual Leave plus any leave loading owing occur on a day in the form Christmas-New Year period as determined by the employer following consultation with the Union, or other suitable day as agreed between the employer and employees and if nominated the Union. Such public holiday shall be regarded for all purposes of this clause as any other public holiday. This subclause shall apply in substitution for any additional local public holiday or half public holiday proclaimed in a lump sum payment at the time of leavinglocal government area.
(hv) An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.
(vi) Annual leave shall be taken by mutual agreement and the employer will not unreasonably refuse to a request to take annual leave provided reasonable notice is provided.
(vii) The rate employer by agreement with the employee, may allow annual leave to an employee before the right thereto has accrued.
(a) Each employee shall be paid for the period of pay for Annual Leave is the leave at the ordinary rate of salary plus a to which they are entitled under this Agreement. Employees may request that before going on leave, such leave loading of 17.5% of be paid in advance, otherwise the gross salary leave will be paid in the normal pay fortnights for the period of such leave.
(b) For the purpose of this subclause "ordinary rate of salary" means the Agreement salary.
(c) An employee to whom paragraph (a) of subclause (i) applies shall be paid during the first 28 consecutive days whilst on annual leave their ordinary rate of salary plus shift penalties and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave. HoweverAdditional annual leave accrued under subclause (xii) attracts shift penalties and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave. Provided that, where the Centre has allowed an employee provisions of the preceding paragraphs of this subclause shall not apply to anticipate future leave credits, leave loading will not be paid on that portion public holidays which occur during a period of annual leave until the date the or days which have been added to annual leave credit would otherwise have accruedin accordance with paragraph (b) of subclause (ii) and subclause (iv) of this clause.
(iix) Where Annual Leave credited to an employee would have been entitled may be cashed out, subject to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.following conditions:
(ja) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the must elect in writing to receive payment in lieu of an amount of annual leave that has yet to accrueon each occasion on which annual leave is cashed out.
(kb) The provisions after the cashing out the employee’s remaining accrued entitlement to paid annual leave must be no less than four (4) weeks.
(c) the employer has agreed to the employee cashing out the annual leave; and
(d) the employee must be paid at least the full amount that would have been payable to the employee had she or he taken the leave that he or she has forgone.
(x) Where the employee has leave accrual in excess of 150% of their annual leave accrual per year, the Annual Xxxxxxxx Xxx 0000 also applyemployer may direct the employee to take some or all of that accrued annual leave, provided that:
(a) the employee has been given a reasonable opportunity to submit a plan to reduce the leave to six weeks (pro rata for part time) within six months;
(b) the employer will not unreasonably refuse to agree to a leave reduction plan which includes saving leave for an extended vacation within 12 months; and
(c) in directing that the employee take leave 8 weeks’ notice will be provided by the Employer. and the minimum leave period will be 1 week and the employee cannot be directed to reduce the accrued leave to less than six weeks unless the employee chooses to take additional annual leave that would reduce the balance below six weeks.
(xi) Accrued annual leave, including leave accrued under subclause (xii) for full and uncompleted years of employment, is paid out on termination of employment at the rate that would have applied had the leave been taken during employment.
(xii) In addition to the leave prescribed by subclause (i) employees who work their ordinary hours on Sundays and/or public holidays are entitled to receive additional annual leave as follows:
Appears in 2 contracts
Samples: Lifehouse Nurses Agreement 2019, Lifehouse Nurses Agreement 2019
Annual Leave. (a) This clause applies to persons engaged by the week as defined in the definitions clause of this Agreement.
34.1 All Employees shall be entitled to four weeks’ annual leave in respect of each calendar year of service. Such leave to be paid at the Total Negotiated Rate and before the employee commences the period of leave.
34.2 Such annual leave shall accrue from the first day of employment for rehearsals. An employee is entitled to four weeks Annual Leave in accrue an amount of paid annual leave, for each year completed 4 week period of service. Annual Leave will accumulate at continuous service with the rate employer of one third 1/13 of a the number of nominal hours worked by the employee for the employer during that 4 week per month of employmentperiod.
(b) After six weeks 34.3 Where any public holiday falls within such period of employment, leave then an employee may apply additional day for accrued each such public holiday shall be added to the period of leave.
34.4 Annual Leave pro rata
(c) The employee must formally seek approval leave shall be given at a time fixed by the Employer within a period not exceeding three months from the Centre for date when the right to annual leave accrued and after as much notice as is practicable and in any case not less than three weeks’ notice to the Employee.
34.5 Unless otherwise mutually agreed upon, annual leave shall not be taken whilst the Employee is away from his/her place of residence. If annual leave is given to the Employee whilst on tour the Employer shall provide air (economy) travel to his/her place of residence. Such travelling time shall be outside the Employee's period of leave.
34.6 Annual leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.
34.7 If so requested by an Employee the Employer may allow annual leave to an Employee before the right thereto has accrued.
34.8 Where an Employee's engagement terminates and the Centre will consult other employees Employee has become entitled to check that annual leave the Employer shall be deemed to have given the annual leave is consistent with (or such portion of it as has not been taken by the needs Employee) from the date of termination of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted engagement and paid as suchshall forthwith pay to the Employee, and not as Annual Leavein addition to all other amounts due to them, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary his/her Total Negotiated Rate for the period of leave. Howeverleave due.
34.9 In respect of any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the Centre has allowed an employee to anticipate future where
34.10 Each Employee before going on annual leave credits, leave loading will not shall be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but wages for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity leave at the Total Negotiated Rate ordinary weekly rate being paid to the Employee.
34.11 The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by Subclauses 34.7 and 34.8 above, payment shall not be made or accepted in lieu of annual leave.
34.12 Where annual leave has been granted to an Employee pursuant to subclause 34.7 hereof before the right thereto has accrued due and the Employee subsequently leaves or is discharged from the service of the employee, Annual Leave is to be recredited and sick Employer before completing the twelve months’ continuous service in respect of which the annual leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedwas granted, the employee will reimburse the Centre Employer may deduct the amount of annual leave that has yet such excess from any remuneration payable to accruethe Employee under Subclause 34.9 above.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 2 contracts
Samples: Performers’ Collective Agreement, Performers’ Collective Agreement
Annual Leave.
(a) An employee is Employee’s entitlement to leave
(i) Full-time and part-time Employees shall be entitled to four 5 weeks Annual Leave annual leave in each respect of any 12 months service.
(ii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will be counted and paid as suchin accordance with Clause 23, and not as Annual Leave, if the employee would otherwise have been entitled is taken not to be on paid annual leave on that public holiday.
(eii) Annual Leave should not be accumulated beyond a maximum Where other periods of six weeks. Where an employee has more leave occur (other than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisunpaid parental leave), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding or a period of absence from workemployment for community service leave, except at the end of an employee’s employment, when the employee is entitled taken not to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be on paid all accrued Annual Leave plus any annual leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of that other leave or absence.
(c) Effect of termination on annual leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where On the termination of their employment, an employee Employee will be paid their untaken or pro-rata annual leave. If, when the employment of the Employee ends, the Employee has a period of untaken annual leave, the Employer will pay the Employee the amount that would have been entitled payable to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the Employee had the Employee taken that period of incapacity of the employeeleave, Annual Leave is to be recredited and sick including annual leave debited insteadloading.
(jd) The Centre Taking of leave
(i) Four weeks’ notice of the date from which an Employee shall commence his or her annual leave shall be given unless otherwise mutually agreed upon between the parties concerned.
(ii) An Employee may in appropriate circumstances allow an employee elect, with the consent of the Employer, to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the accrue and carry forward any amount of annual leave that has yet to accruefor a maximum of two years from the date of entitlement.
(kiii) The provisions An Employee is entitled to apply to take annual leave at any time and the Employer shall not unreasonably refuse such an application. As a general rule, only one employee may take annual leave at a time.
(iv) Where the Employee has leave that has accrued for 12 months after the date upon which the right to such leave has accrued, the Employer may direct the Employee to take some or all of the Annual Xxxxxxxx Xxx 0000 also applythat accrued annual leave.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Annual Leave. 32.1 Annual Leave does not apply to casual Employees.
32.2 All full-time and part-time Employees are entitled to four (4) weeks (152 hours) Annual Leave per year of service (pro-rata for Part-Time Employees).
32.3 A full-time or part-time Employee who is employed as a Shift Worker shall be entitled to an additional one (1) week of Annual Leave per year of service (pro-rata for Part- Time Employees), such that they are entitled to a total of five (5) weeks Annual Leave per year of service (pro-rata for Part-Time Employees).
32.4 An Employee’s entitlement to paid Annual Leave accrues progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
32.5 During a period of Annual Leave, an Employee will be paid at the Employee’s relevant All Purpose Rate in Schedule 1 plus a 17.5% leave loading.
32.6 Paid Annual Leave may be taken for a period agreed between an Employee and the Employer.
32.7 The taking of Annual Leave is at the discretion of the Employer; however, the Employer will not unreasonably refuse to agree to a request by an Employee to take paid Annual Leave.
32.8 An Employee should provide to the Employer at least four (4) weeks’ notice in writing of the intention to take Annual Leave.
32.9 If an Employee has an excessive Annual Leave accrual and the Employer has genuinely tried to reach agreement with the Employee as to the timing of taking Annual Leave, the Employer can require the Employee to take Annual Leave by giving not less than eight (8) weeks’ notice of the time when such leave is to be taken if:
(a) An employee at the time the direction is entitled to four given, the Employee has eight (8) weeks or more Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.accrued; and
(b) After six weeks the amount of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees Employee is directed to check that the leave take is consistent with the needs less than or equal to a quarter of the Centreamount of leave accrued.
32.10 If an Employee’s employment is terminated for any reason (d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leaveincluding redundancy), the Centre may consult the employee about a suitable time Employee shall be paid, in addition to take such Annual Leave. An employee will not forfeit all other amounts due to them, any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued untaken Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedloading.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. A. The Employee shall be entitled to paid annual leave of twenty (a20) An employee business days per calendar year on successful completion of 12 Months of continuous service plus all the days that Employee worked during UAE national holidays.
B. Annual leave benefits should be used annually. However, the Employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.
(b) After six weeks of employment, an employee may apply for carry forward accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees but untaken annual vacation leaves up to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks5 (five) days into the next calendar year for a maximum period of twelve (12) months after which the unused leave shall expire. Where an employee has more than six weeks accumulated Annual LeaveFor employees working part time, the Centre maximum annual leave days to be carried forward will be on pro rata basis
C. The Employee will have to apply for annual leave and seek the Employer’s approval in accordance with the Employer’s internal policy. Furthermore, the Employer may consult request the employee about a suitable time Employee to take such Annual Leave. An employee will not forfeit any annual leave entitlement accrued above six weeks, however on specified days by giving written notice to the Centre may direct an employee, within three months Employee.
D. Where the employment of the excess Employee is terminated, the Employer shall pay the Employee an amount in lieu of vacation days accrued but not taken. In the event that the Employee has taken more vacation days than they have accrued at the termination date, the Employee shall repay the Employer the corresponding sum, which may be deducted from the final salary payment and/or gratuity payment if any.
E. An Employee is not entitled to a payment in lieu of vacation leave accruing (or at any time after this), earned except where –
a) The Employee’s employment is terminated: or
b) The Employer agrees otherwise
F. An Employee electing to take the excess leave and to vacation shall do so within six months of by giving at least 14 days written notice
G. The Employer may require the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except Employee to take vacation leave on specified days by giving at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) least 14 days’ prior written notice. The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid Employer and Employee may mutually agree on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is specified days to be recredited and sick leave debited instead.
(j) The Centre may taken as vacation leave, in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves which case the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also notice periods shall not apply.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. (a) An employee is Full-time permanent Employees will be entitled to four 4 weeks Annual Leave in of paid annual leave each year of serviceservice and this will accrue for each week of continuous employment. Annual Leave The annual leave accrual rate is based on ordinary hours worked by an Employee. Part-time and fixed term / project Employees will accumulate at the rate of one third accrueannual leave on a pro-rata basis to that of a full-time Employee. An Employee who works as a Shift Worker as defined will be entitled to 1 additional week per month of employment.
annual leave in accordance with s87 (1) (b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during Fair Work Act 2009. Payment to an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any Employee on annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless less than the employee takes Employee’s ordinary wage rate prescribed by this agreement for the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 annual leave (g).
(gexcluding allowances and penalty payments) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary Employee’s ordinary wage rate for the period of leaveannual leave or their projected roster entitlements, whichever is higher. HoweverIf the employment of an Employee is terminated before the expiration of a full year of employment, where the Centre has allowed an employee to anticipate future leave credits, leave loading Employee will not be paid on that portion of in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount will be paid at the Employee’s ordinary hourly rate (excluding any other penalties or allowances). Employees are required to use any or all of their annual leave credit would otherwise have accrued.
(i) entitlements prior to any approved period of unpaid leave subject to Employer’s approval. Employees will be required to provide the Employer with 4 weeks’ notice of their intention to take annual leave. The Employer will attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the Employer may refuse to grant the request for annual leave. Employees may be required to take annual leave during a designated closure of the business, should this be required the Employer will provide Employees with the relevant dates at the appropriate time. Where an employee would have been entitled Employee accrues excessive annual leave (eight (8) weeks) the Employer may request the Employee to sick take up to ¼ of their accrued leave but on the provision of 2 weeks’ notice or as otherwise mutually agreed. Monies owing to an Employee for being on Annual Leave and, within three months an amended annual leave form is submitted with a medical certificate stating purposes will be paid to the Employee incrementally during the period of incapacity leave on their regular pay day or in advance, as mutually agreed between the Employee and the Employer. Annual leave will be exclusive of any statutory holiday that occurs during the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount period of annual leave that has yet to accrueleave.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Employees will be entitled to five weeks annual leave in respect of any 12 months service with the Employer.
(ii) A shift worker (as defined herein) will be entitled to six weeks annual leave for each 12 months service with the Employer. A shift worker for the purposes of the NES and this clause is an employee who:
(1) is regularly rostered over seven days of the week; and regularly works on weekends; or
(2) who works for more than four weeks Annual Leave in each ordinary hours on 10 or more weekends.
(iii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate Employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(eii) Annual Leave should not be accumulated beyond a maximum Where other periods of six weeks. Where an employee has more leave occur (other than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisunpaid parental leave), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding or a period of absence from workemployment for community service leave, except at the end Employee is taken not to be on paid annual leave for the period of an employee’s employment, when that other leave or absence. Where such absence is a personal leave absence the employee is entitled Employee will be required to payment as set out in subclause 34 (g)supply a medical certificate to the Employer for the period of absence.
(gc) When Effect of termination on annual leave On the termination of their employment, an employee finishes employment they Employee will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leavingfor their accrued, untaken annual leave.
(hd) The rate Payment for leave
(i) An Employee will be paid the amount of pay wages they would have received for Annual Leave is ordinary time worked had they not been on leave during that period. In addition to their ordinary pay, the ordinary rate of salary plus a Employee will be paid an annual leave loading of 17.5% of the gross salary for the period their ordinary pay on a maximum of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of 152 hours/four weeks annual leave until the date the leave credit would otherwise have accruedper annum.
(iii) Where Shiftworkers, in addition to their ordinary pay, will be paid the higher of: (1) an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions loading of the Annual Xxxxxxxx Xxx 0000 also apply.17.5% of their ordinary rate of pay; or
Appears in 1 contract
Annual Leave. (i) Annual Leave shall be granted on completion of each 12 months' service. Day Workers or shift workers (as defined in clause 3, Definitions) will accrue 152 hours annual leave at their ordinary rate of pay.
(a) An employee is entitled Annual leave shall be given and shall be taken within a period of six months after the date when the right to four weeks Annual Leave in each year annual leave accrued, provided that the giving and taking of service. Annual Leave will accumulate at such leave may be postponed by mutual agreement between the rate of one third of parties for a week per month of employmentfurther period not exceeding six months.
(b) After six weeks Annual leave shall be granted on a rotating roster basis, provided that such rotation complies with paragraph (a) of employment, an employee may apply for accrued Annual Leave pro ratathis sub-clause.
(c) The An employee must formally seek approval from shall be eligible for annual leave when 12 months have elapsed since the Centre for date on which the last annual leave and would have begun if taken immediately it had become due, or if the Centre will consult other employees to check that employee has not previously had annual leave since the leave is consistent with the needs commencement of the Centreemployment.
(d) Any public holiday during Nothing in this subclause shall prevent the employer, by agreement with the employee, from allowing annual leave to an employee’s Annual Leave will be counted and paid as suchemployee before the right thereto has accrued, and but where leave is taken in such a case a further period of annual leave shall not as Annual Leave, if commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph shall not exceed the amount of proportionate annual leave standing to the credit of the employee would otherwise have been entitled to that public holidayat the time of entering upon such leave.
(e) Annual Leave should not At least six months notice shall be accumulated beyond a maximum given to employees of six weeksthe date on which they shall take their annual leave. Where an employee has more than six weeks accumulated Annual Leavebeen notified that he or she is to take his or her normal leave at a specified time and that time is thereafter altered by the employer, the Centre may consult employee shall be reimbursed any actual losses which result to him or her to the employee about a suitable time extent to take such Annual Leave. An employee will which deposits paid for travel and/or accommodation are not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenrefunded.
(f) Annual Leave will not be paid unless Employees may exchange/split annual leave by mutual arrangements with the employee takes approval of the corresponding period employer, provided that such exchange complies with paragraph (a) of absence from work, except at the end of this sub-clause.
(iii) At an employee’s employmentwritten request, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will before going on annual leave may (in lieu of being paid in the ordinary cycle of remuneration payments) elect to be paid all accrued Annual Leave plus any for the period of the leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of wage to which he or she is entitled under this award and such payment shall be made before the gross salary for the period of employee commences annual leave. However, where Any costs thereof will be borne by the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedemployee.
(iiv) Where the employment of an employee would have been is terminated the employee shall be entitled to sick leave but for being on Annual Leave andreceive a proportionate payment in respect of service of less than one year, within three months an amended leave form at the weekly wage to which such employee is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadentitled under this award.
(jv) The Centre may Excepting for the arrangements set out in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedthis clause, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Leave Xxx 0000 also (NSW) will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee Annual leave is entitled to four weeks Annual Leave provided for in the NES.
(b) For each year of service, the NES entitles Employees (other than casuals) to:
(i) 4 weeks of paid annual leave; or
(ii) 5 weeks of paid annual leave if the Employee is a continuous shift worker. For the purposes of this clause and the NES, a continuous shift worked is defined as an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Company) and who is regularly rostered to work those shifts.
(c) Under the NES, annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year. Annual leave does not accrue during any period of unpaid leave, unauthorised absence or workers’ compensation.
(d) Annual leave can be taken by agreement between the Company and Employee following a request by the Employee to take accrued annual leave.
(e) Leave approval is subject to the operational requirements of the workplace but shall not be unreasonably withheld. Where an Employee works in accordance with a roster pattern, annual leave should, wherever possible, be taken in accordance with that roster pattern.
(f) The parties acknowledge that it is not beneficial for employees to have extensive periods of work without taking annual leave. Annual Leave will accumulate shall be given and taken in accordance with the Company’s requirements. Annual leave should be taken at mutually convenient times.
(g) Annual Leave is paid at the rate Ordinary Time Rate being paid to the employee immediately prior to the taking of one third of a week per month the Annual Leave, plus 17½% loading.
(h) Accrued but untaken annual leave will be paid out on termination of employment.
(bi) After six weeks of employmentBy written agreement with the Company, an employee Employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees elect to check that the leave is consistent with the needs cash out part of the Centre.
(d) Any public holiday during an employeeEmployee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any accrued annual leave entitlement accrued above six weekseach 12 months, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.provided that:
(i) Where an employee paid annual leave cannot be cashed out if the cashing out would result in the Employee’s remaining accrued annual leave balance being less than 4 weeks;
(ii) each instance of cashing out paid annual leave must be by a separate written agreement between the Company and the Employee; and
(iii) the Employee will be paid at least the full amount they would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating paid had they taken the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadleave.
(j) The Centre At the Company’s absolute discretion, approved Leave Without Pay (LWP) may in appropriate circumstances allow an employee to anticipate future leave creditsbe granted if the Employee has exhausted all of their accrued Annual Leave, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrueand Rostered Days Off inclusive.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. Every employee, other than a casual employee, shall accrue an entitlement to annual leave of four (a4) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per annum or 13.33 hours per month after each continuous period of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such12 months service, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not leave be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so taken within six months of the direction being given.
(f) falling due. Annual Leave will shall be taken in four (4) consecutive weeks or as otherwise agreed between the Company The Company may establish Annual leave rosters and/or shall give each employee at least seven (7) days notice, or less by mutual consent, of the date from which an employee is required to take Annual Leave. Payment shall not be paid unless made by the Company to an employee takes the corresponding period in lieu of absence from work, except at the end of an employee’s employment, when Annual Leave or part thereof to which the employee is entitled to under this Agreement nor shall any such payment be accepted by the employee except as set out below: Upon termination of employment, payment in subclause 34 lieu of any outstanding annual leave entitlement (g).
(ginclusive of 17.5 % leave loading, except where employment is terminated by the employee) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the ordinary time of leaving.
(h) The rate of pay The Company shall pay each employee in advance before the commencement of Annual leave, their ordinary pay for the period of Annual Leave is leave being taken paid at the ordinary time rate of salary plus a leave pay. A loading of 17.5% of the gross salary for ordinary rate of pay shall be paid in addition to that amount. Where the Annual leave or any part thereof has been taken before the right to the Annual leave has accrued, the tight to further Annual leave shall not commence to accrue until the expiration of the year of employment in. respect of which the Annual leave, or part has been so taken. A Public Holiday, which falls during a period of annual leave, shall not be regarded as part of that leave. However, where the Centre has allowed an employee is not entitled to anticipate future leave credits, leave loading will not be paid on that portion of payment for a Public Holiday falling during their annual leave until if they are absent on the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre day immediately before the leave is accruedcommences or the day immediately after the leave concludes, unless the employee will reimburse the Centre the amount provides a medical certificate. 'Continuous Service', means a year of annual leave employment shall be deemed to be unbroken notwithstanding:
a. Any Annual Leave or Long Service Leave taken within that has yet to accrueyear.
(k) The provisions b. Any interruption or ending is made with the intention of the avoiding obligations in respect of Annual Xxxxxxxx Xxx 0000 also applyLeave or Long Service Leave.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Employees, other than Casuals, will be entitled to four weeks Annual Leave up to 4 weeks’ (or 5 weeks’ for continuous shift workers) paid annual leave in each year of serviceaccordance with the prevailing Federal legislative annual leave standard from time to time (currently the National Employment Standards set out in the FW Act). Annual Leave This entitlement will accumulate at the rate of one third of be a week pro rata entitlement where an Employee is employed to work less than 38 hours per month of employmentweek.
(b) After six weeks For the purposes of employmentsubclause 11.1(a), a ‘continuous shift worker’ is an employee may apply for accrued Annual Leave pro rataEmployee who:
(i) is regularly rostered to work shifts on a continuous 24 hours a day, 7 days a week roster; and
(ii) regularly works on Sundays and public holidays.
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for applicable hourly rate of pay will apply to all annual leave payments.
(d) Annual leave may be taken as agreed between the Employee and Saputo. Saputo must not unreasonably refuse to agree to a request by the Employee to take paid annual leave.
(e) Paid annual leave will be exclusive of public holidays.
(f) Employees are encouraged to take a significant break each year and annual leave should be taken in the year following its accrual. Where an Employee has accrued a substantial amount of annual leave (8 weeks or more), Saputo will expect Employees to comply with any appropriate arrangement to reduce the leave balance and, if agreement cannot be reached Saputo reserves the right to direct the Employee by providing no less than four (4) weeks’ notice that up to a quarter of the leave must be taken.
(g) Saputo may also require an Employee to take annual leave during any period in which the area of Saputo in which the Employee works shuts down. If the Employee does not have sufficient annual leave accrued to cover the period of shut down, the Employee may:
(i) take unpaid leave. However; or
(ii) subject to Saputo’s agreement, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion take a period of annual leave until the date the in advance (in which case subclause 11.1(i) will apply).
(h) An Employee will be paid for any accrued but untaken annual leave credit would otherwise have accruedentitlements upon termination of employment.
(i) Where Saputo, with the agreement of an employee would have been entitled to sick leave but for being on Annual Leave and, within three months Employee may advance an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow Employee an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.leave, in which case Saputo may:
(ki) The provisions deduct that amount advanced from future annual leave accruals; and/or
(ii) if the employment ends, deduct the value of any outstanding advanced annual leave from any payments otherwise due to the Annual Xxxxxxxx Xxx 0000 also applyEmployee.
Appears in 1 contract
Samples: Dairy Beverage Centre Agreement
Annual Leave. 4.2.1. The following provision shall apply for annual leave:
(a) An employee is Employees, other than casuals, shall be entitled to four 4 weeks Annual Leave annual leave, taken and paid in each year accordance with the Xxxxxxxx Xxx 0000 and subject to the other provisions of service. Annual Leave will accumulate at this clause, except that on completion of five years recognised service the rate of one third of a week employee shall then be entitled to 5 weeks annual leave per month of employmentannum.
(b) After six weeks Casual employees shall be paid 8% of employment, an employee may apply gross taxable earnings in lieu of annual leave to be added to the salary paid for accrued Annual Leave pro rataeach engagement.
(c) Conditions
(i) The employee must formally seek approval from term ‘leave year’ means the Centre for leave and the Centre will consult other employees to check that the leave is consistent year ending with the needs anniversary date of the Centreemployee’s appointment.
(dii) Any public holiday during For the purpose of this clause, the service of an employee’s Annual Leave will employee shall be counted deemed to comprise all periods of employment with this Employer and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayits predecessors.
(eiii) Annual Leave should not be accumulated beyond a maximum of six weeks. Where The Employer may permit an employee has to take annual leave in one or more than six weeks accumulated Annual Leaveperiods.
(iv) The Employer may permit all or part of the annual leave accruing in respect of a leave year to be postponed to the next following year, but the Centre may consult annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years.
(v) Provided that, where an employee is on continuous leave without pay due to illness or accident the employee about a suitable time will be permitted to take such Annual Leaveor accumulate leave for up to two years. An After this, an employee will not forfeit qualify for any further period of leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenuntil duty is resumed.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(gvi) When an employee finishes employment they will ceases duty, salary shall be paid all for accrued Annual Leave plus leave (including any leave loading owing in TOIL) on the form last day of a lump sum payment at the time of leavingservice.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(kvii) The provisions of the Annual Xxxxxxxx Xxx 0000 also applyParental Leave and Employment Protection Act 1987 shall apply in relation to annual leave when an employee takes a period of parental leave or returns to work from parental leave in accordance with Clause 4.5 of this Agreement
(viii) Except where the Employer approves, where an employee is absent on special leave, whether with or without pay (i.e. including leave for study awards but excluding sick, accident or military leave) for an intermittent or continuous period of more than 35 days (including Saturdays and Sundays) during a leave year, annual leave shall be reduced in accordance with the scale below. (d) Extra Leave for Shift Workers on Rotating Rostered Shifts. ‘Rotating Rostered Shifts’ - This refers to employees who are available as required to work through the roster as it applies to the department or work area. Employees who qualify as shift workers under this definition may be granted up to one week (five working days) additional leave on completion of 12 months employment on shift work in accordance with the following:
(i) If the shift work performed:
(1) Is rostered and rotating;
(2) Extends over at least 15 continuous hours each day; and
(3) Not less than 40% of the hours worked in the period covered by the roster cycle is outside the hours of 7.00 am to 7.00 pm; the following additional leave is granted:
(ii) Every part-time employee will be entitled to annual leave as prescribed. Salary during leave will be paid for the employee's usual working week.
Appears in 1 contract
Samples: Collective Employment Agreement
Annual Leave. (a) An employee is Employee will be entitled to four paid annual leave of 4 weeks Annual Leave in (for each year 12-month period of continuous service. Annual Leave will accumulate ) based on 36 hours per week at the rate of one third of a week per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from Wage Rate paid to the Centre for leave and the Centre will consult other employees Employee immediately prior to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% (plus Leading Hand allowance if applicable). For the period, if any, that an Employee is engaged as a continuous shift worker as defined by this Agreement, they will be entitled to a pro- rata accrual of 5 weeks (maximum) of annual leave per annum.
b) An Employee who would have received shift loadings prescribed by this Agreement had they not been on Annual Leave, will forgo the gross salary Annual Leave loading and will be entitled to the higher shift loadings.
c) During a period of Annual Leave, an employee will be paid a loading equivalent to the loading prescribed in 7.1a) or 7.1b) as relevant.
d) The loading prescribed in 7.1a), will apply to accrued but untaken annual leave on lawful termination.
e) The period of annual leave will be exclusive of any public holiday that occurs during the period.
f) The Company may direct Employee(s) to take accrued annual leave on one month’s notice, when they will generally close down the Project for one or more weeks over the Christmas – New Year period and in these cases, Employees will generally be required to ensure that they have sufficient Annual Leave remaining to enable them to take leave for the period of leavethe shutdown. HoweverIn the event that they do not have Annual Leave or RDO accruals, where the Centre has allowed an employee Employee may be required to anticipate future leave creditstake Leave Without Pay for such period or a combination of Annual Leave, leave loading will not be paid on that portion RDO and Leave Without Pay.
g) Unless otherwise agreed, one month’s notice of the start of annual leave until will be given by Employee(s). Annual leave may be taken in any combination of days or weeks agreed between the date Company and the Employee.
h) An Employee(s) going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Company before the leave credit would otherwise have accruedis taken.
(i) Where an employee would have been entitled to sick leave but for being on Employee has exhausted Annual Leave andentitlements, within three months leave without pay may be considered by the Company and approval of such leave will be at the Company’s sole discretion. In circumstances where an amended Employee(s) has used all types of leave form accruals, for example; annual leave, sick leave, RDO etc. The Employee must make a formal request in writing providing a valid reason for such a request. If leave without pay is submitted with a medical certificate stating granted to the period Employee, the Employee will not accrue any entitlements for the duration of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadwithout pay.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave creditsAccrued, provided that where an employee leaves the Centre before the but untaken, annual leave is accrued, the employee will reimburse the Centre the amount paid out on termination of annual leave that has yet to accrueemployment.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Greenfield Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Employees shall be entitled to four weeks Annual Leave (4) weeks’ annual leave in respect of each 12 months’ service.
(ii) From the first full pay period on or after 1 July 2023, Employees shall be entitled to five (5) weeks’ annual leave in respect of each 12 months’ service.
(iii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate Employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(ii) Where other periods of leave occurs (other than unpaid parental leave), or a period of absence from employment for community service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence.
(c) Effect of termination on annual leave An Employee who leaves or is dismissed shall receive payment for any annual leave accrued but not taken and shall include annual leave loading.
(d) Time of taking leave
(i) Paid annual leave may be taken for a period agreed between an Employee and Employer.
(ii) The Employer will not unreasonably refuse to agree to a request by an Employee to take paid annual leave.
(e) Annual Leave should not Payment for period of leave Employees shall receive their ordinary pay during all periods of annual leave. Employees may request that before going on leave, such leave be accumulated beyond a maximum paid in advance, otherwise the leave will be paid in the normal pay fortnights for the period of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenleave.
(f) Annual Leave will not be paid unless Additional week of annual leave
(i) An Employee who:
(1) works or is on-call on ten or more weekends during the employee takes the corresponding yearly period in respect of absence from work, except at the end of an employee’s employment, when the employee which their annual leave accrues; and / or
(2) is regularly rostered to work Sundays and public holidays; is entitled to payment as set out an extra week of annual leave in subclause 34 addition to the annual leave prescribed in clause 26(a). Such an Employee is a ‘shift worker’ for the purposes of the NES.
(g)ii) Subclause 26(f)(i)(1) shall not apply to any weekend on which the Employee works or is on call for four (4) hours or less.
(g) When Annual leave loading In addition to their ordinary pay when they take annual leave, an employee finishes employment they Employee will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a an annual leave loading of 17.5% of the gross salary for the period their ordinary rate of leave. However, where the Centre has allowed pay.
(h) Pay in lieu of an employee to anticipate future leave credits, leave loading will not be paid on that portion amount of annual leave until the date the leave credit would otherwise have accrued.leave
(i) Upon receipt of a written request by an Employee, the Employer may, in writing, authorise the Employee to receive pay in lieu of an amount of annual leave.
(ii) Paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks.
(iii) Where an employee Employee forgoes an entitlement to take an amount of annual leave, the Employee must be paid at least the full amount that would have been entitled payable to sick the Employee had the Employee taken the leave but for being on Annual Leave andthat the Employee has forgone, within three months an amended including superannuation and annual leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadloading.
(jiv) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the Each cashing out of a particular amount of annual leave that has yet to accruemust be by a separate agreement in writing between the Employer and Employee.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled to four weeks 14.1 Annual Leave in each year of service. Annual Leave will accumulate leave shall accrue at the rate of one third of a week 152 hours per month of employmentannum.
(b) After 14.1.1 By agreement between the Employer and an Employee, the Employee may request in writing up to 76 hours of annual leave per annum be cashed out.
14.2 A loading of 17.5% of salary shall be paid to the Employee when taking leave.
14.2.1 By agreement between the Employer and an Employee, this loading may be cashed out and included as a component of the Employee’s salary.
14.3 Payment in lieu of accrued annual leave shall be paid on termination, based on a monthly accrual.
14.4 Annual leave shall be taken at such a time mutually convenient to the Employer and the Employee and, unless agreed, within six weeks months from the leave accrual date.
14.5 The Employer may require annual leave to be taken during a Christmas close-down.
14.6 Annual leave is to be paid out at the salary schedule rate that is relevant at the time the leave is taken.
14.7 Subject to the provisions of employmentthis subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for accrued Annual Leave pro rataand the employer shall grant paid sick leave in place of paid annual leave.
(c) The 14.7.1 Application for replacement shall be made within seven days of resuming work and then only if the employee must formally seek approval was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and he/she produces a certificate from a registered medical practitioner that he/she was so confined. Provided that the Centre provisions of this paragraph do not relieve the employee of the obligation to advise the employer if he/she is unable to attend for work on the working day next following his/her annual leave.
14.7.2 Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day.
14.7.3 Where paid sick leave has been granted by the employer that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the Centre will consult other employees replaced annual leave may be taken at another time mutually agreed to check that by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave or, if termination occurs before then, be paid for in accordance with the annual leave provisions.
14.7.4 Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is consistent with subsequently taken provided that the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will annual leave loading prescribed shall be counted and paid as such, and not as Annual Leave, if the employee would otherwise deemed to have been entitled paid with respect to that public holidaythe replaced annual leave.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Workplace Agreement
Annual Leave. (a) An employee is Employee(s) entitlement to annual leave under this Agreement shall be in accordance with the NES. Casual Employees shall have no entitlement to annual leave.
b) Employees will be entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week paid annual leave per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeksannum. Where an employee has more than six Employee is engaged in continuous Shift Work such an Employee shall be entitled to five weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any paid annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenper annum.
(fc) Annual Leave will not leave shall be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The basic periodic rate of pay for Annual Leave is the ordinary rate of salary applicable under this Agreement, plus a an annual leave loading of 17.5% %.
d) Annual leave will accrue progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
e) Annual leave shall be taken at a time which is approved by the Company as being convenient having regard to overall operational and xxxxxxx requirements of the gross salary for Company. An Employee is required to provide at least one month’s notice of a request to take annual leave; however, final approval shall lie with the period Company.
f) An Employee may take annual leave in advance of leave. Howevercompleting 12 months service provided it does not exceed the Employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to an Employee, where the Centre has allowed plus an employee to anticipate future leave credits, annual leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued17.5%.
(ih) Where an employee would have been entitled Employee has more than 8 weeks annual leave entitlement accrued to sick them, the Company may direct the Employee to take annual leave but for being on Annual Leave and, within three months by providing a minimum 4 weeks notice to the Employee. The Company may only direct an amended leave form is submitted with Employee to take a medical certificate stating the period of incapacity maximum one quarter of the employee, Annual Leave is leave credits owing to be recredited and sick leave debited insteadthe Employee.
(ji) The Centre may in appropriate circumstances allow Provided an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedEmployee receives 4 weeks notice, the employee will reimburse the Centre the amount of Company may direct an Employee to take any accrued annual leave that has yet to accrueduring the Company’s annual close down, e.g. the Christmas/ New Year period.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is 20.1. Employees, other than casual Employees, are entitled to annual leave in accordance with the NES.
20.2. In summary, the entitlement to annual leave is to four (4) weeks Annual Leave in leave for each year of servicecontinuous service with the Employer which accrues progressively during a year of service in accordance with the Employee’s ordinary hours of work.
20.3. For the purposes of the NES, a shiftworker is an Employee
a. who works a roster and who, over the roster cycle, may be rostered to work ordinary time shifts on any of the 7 days of the week; and
b. who is regularly rostered to work on Sundays and public holidays.
20.4. Annual Leave will accumulate leave can be taken at a time agreed between the rate of one third of a week per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave Employee and the Centre will consult other employees to check that Employer. Employee’s must request periods of annual leave, and have them approved, before the leave is consistent with the needs of the Centretaken.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond 20.5. During a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they annual leave Employees will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The their salary or their hourly rate of pay for Annual Leave is their ordinary hours of work during the ordinary rate period. Employees covered by this Agreement will not be entitled to leave loading.
20.6. If an Employee’s employment with the Employer ends and the Employee has a period of salary plus accrued but untaken annual leave, the Employer will pay the Employee for that accrued but untaken annual leave.
20.7. Subject to the provision of a medical certificate, any period of illness of one day or more occurring during a period of annual leave loading may be substituted for personal/carer’s leave and an equivalent period of 17.5% annual leave will be re-credited.
20.8. The Employer may direct an Employee to take paid annual leave during all or part of a period where the Employer shuts down the business or part of the gross salary business where the Employee works. If an Employee does not have sufficient accrued annual leave for the period of leavethe shut-down then the Employee may be required to take leave without pay.
20.9. However, where The Employer and an individual Employee may agree in writing to cash out an amount of the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of Employee’s annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave creditsentitlement, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the that:
a. each cashing out of a particular amount of annual leave that has yet must be subject to accruea separate agreement under this clause;
b. the agreement must state the amount of leave to be cashed out, the payment to be made for the leave and the date on which the payment will be made;
c. the agreement must be signed by the Employer and Employee;
d. the payment for the leave cashed out must be no less than the amount the Employee would have been paid by the Employer had they taken the leave at the time the payment is made; and
e. the agreement must not result in the Employee’s remaining accrued entitlement to annual leave being less than 4 weeks.
(k) The provisions 20.10. If an Employee has accrued excess leave, being in excess of 8 weeks leave, the Annual Xxxxxxxx Xxx 0000 also applyEmployer and the Employee will seek to reach an agreement on how the excess leave accrual can be reduced or eliminated.
20.11. If no agreement can be reached, the Employer can direct the Employee in writing to take one or more periods of annual leave, subject to:
a. the Employee’s accrued entitlement to annual leave remaining at least 6 weeks after any other paid annual leave arrangements are taken into account;
b. the Employee not being directed to take any period of annual leave of less than one week;
c. the direction not requiring leave to be taken less than 8 weeks, or more than 12 months, after the direction is given; and
d. the direction not being inconsistent with any agreement or arrangement to take leave made by the Employer and the Employee.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 10.1 Annual leave entitlement and accrual
(a) An employee is All Permanent Employees and specified task Employees who work full-time hours are entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate progressively accrue annual leave at the rate of one third of a week four weeks per month of employmentannum based on ordinary hours.
(b) After six All Permanent Employees and specified task Employees who work part-time hours will accrue a pro-rated equivalent of the rate of annual leave by Permanent Employees who work full-time hours, according to their ordinary hours of work.
(c) Annual Leave:
(i) accrues when an Employee is on paid leave, community service leave and long service leave; and
(ii) does not accrue when an Employee is on unpaid leave, unpaid personal/carer’s leave, unpaid parental leave or absent without Burrun Dalai’s express authorisation.
10.2 Taking annual leave
10.3 Annual leave loading
10.4 Illness or injury during period of annual leave Where an employee, during a period of annual leave, also has a period of illness or injury which coincides, the leave will be taken as personal leave, dependent on the provision of medical evidence if requested.
10.5 Annual leave during close down periods In the event of a close down period where employees are not required to work, employees may use their annual leave during this period and at the point where accrued annual leave has been exhausted, employees may be directed to take unpaid leave until the close down period has ended.
10.6 Excessive leave accrual
(a) An Employee has an excessive leave accrual if the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 5.1 in Schedule 1).
(b) If an Employee has an excessive leave accrual, Xxxxxx Dalai or the Employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 10.7 sets out how Burrun Dalai may direct an Employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 10.8 sets out how an Employee who has an excessive leave accrual may require Xxxxxx Dalai to grant paid annual leave requested by the Employee.
10.7 Excessive leave accruals: direction by Burrun Dalai that leave be taken
(a) If Burrun Dalai has genuinely tried to reach agreement with an Employee under clause 10.6(b) but agreement is not reached (including because the Employee refuses to confer), Burrun Dalai may direct the Employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by Burrun Dalai under paragraph (a):
(i) is of no effect if it would result at any time in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements are taken into account; and
(ii) must not require the Employee to take any period of employmentpaid annual leave of less than one week; and
(iii) must not require the Employee to take a period of paid annual leave beginning less than 8 weeks, an employee may apply for accrued Annual Leave pro rataor more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed between Burrun Dalai and the Employee.
(c) The employee Employee must formally seek approval from the Centre for take paid annual leave and the Centre will consult other employees to check in accordance with a direction under paragraph (a) that the leave is consistent with the needs of the Centrein effect.
(d) Any public holiday during an employee’s Annual Leave will be counted and An Employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as such, and not as Annual Leave, if the employee direction had not been given.
10.8 Excessive leave accruals: request by Employee for leave
(a) If an Employee has genuinely tried to reach agreement with Burrun Dalai under clause 10.6(b) but agreement is not reached (including because Burrun Dalai refuses to confer), the Employee may give a written notice to Burrun Dalai requesting to take one or more periods of paid annual leave.
(b) However, an Employee may only give a notice to Xxxxxx Dalai under paragraph (a) if:
(i) the Employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the Employee has not been given a direction under clause 10.5(a) that, when any other paid annual leave arrangements are taken into account, would otherwise have been eliminate the Employee’s excessive leave accrual.
(c) A notice given by an Employee under paragraph (a) must not:
(i) if granted, result in the Employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements are taken into account; or
(ii) provide for the Employee to take any period of paid annual leave of less than one week; or
(iii) provide for the Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by Burrun Dalai and Employee.
(d) An Employee is not entitled to that public holidayrequest by a notice under paragraph (a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 5.1 of Schedule 1) in any period of 12 months.
(e) Annual Leave should not be accumulated beyond Burrun Dalai must xxxxx paid annual leave requested by a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing notice under paragraph (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (ga).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An Entitlement
i) After the end of each completed twelve (12) months of continuous employment, an employee is entitled to not less than four weeks (4) weeks' paid annual holidays.
ii) Annual Leave in each year of service. Annual Leave will accumulate holidays are paid at a rate that is based on the greater of:
(1) The employee's ordinary weekly pay as at the rate beginning of one third the annual holiday; or
(2) The employee's average weekly earnings for the twelve (12) months immediately before the end of a week per month of employmentthe last pay period before the annual holiday.
(iii) Annual holiday entitlement for all employees shall be as provided in the Holidays Xxx 0000.
iv) Unless otherwise requested by the employee payment for annual holidays will continue to be paid fortnightly while on leave.
b) Anticipated Leave
i) After six weeks of employment(6) months current continuous service, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for employer shall not unreasonably withhold granting anticipated leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during before an employee’s Annual Leave will be counted and leave year entitlement is completed.
ii) An employee taking anticipated leave who leaves his / her employment prior to entitlement of annual holidays shall repay on termination any excess monies paid as such, and not as above the entitlement.
c) Taking Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances An employer must allow an employee to anticipate future leave credits, provided that where take annual holidays within twelve (12) months after the date on which the employee's entitlement to the holidays arose.
ii) If an employee leaves elects to do so, the Centre before employer must allow the employee to take at least two (2) weeks of his or her annual holiday’s entitlement in a continuous period.
iii) When annual holidays are to be taken by the employee, the timing is to be agreed between the employer and employee.
iv) An employer must not unreasonably withhold consent to an employee's request to take annual holidays.
v) Unless agreed to by the employer, annual leave shall be taken within twelve (12) months of when the annual leave accrued.
vi) In the event of a conflict between two or more employees over the taking of annual holidays at the same period, and, where it is impracticable for both or all of the employees to be absent at the same time, priority will be given by the employer to employees in the order in which the leave is accrued, applications are received by the employee will reimburse the Centre the amount of annual leave that has yet to accrueemployer.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. (a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate leave entitlement:
(i) employees accrue annual leave at the rate of one third 4 weeks per year of a week per month of employment.service
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataleave accrues from day to day.
(c) The Additional Annual Leave entitlements are as follows:
(i) employees who work west of the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 (NSW) before its repeal and as per the map included at Schedule 5 of this Agreement accrue additional annual leave of five working days a year:
(A) which must be used by 30 June of the financial year in which it is accrued or it may be paid out to the employee must formally seek approval from by 30 September in the Centre subsequent financial year; and
(B) for which payment excludes leave loading and shift penalties.
(ii) shift workers who work a shift roster Monday to Sunday accrue additional paid annual leave of five days per year:
(A) for which payment includes 17.5% leave loading comprising shift allowance, penalties paid during leave and the Centre will consult other balance of annual leave loading paid in accordance with Clause 5.2.
(iii) employees entitled to check that the leave is consistent Additional Annual Leave can elect at any time to cash out this Additional Annual Leave;
(iv) an employee who has worked in accordance with the needs 5.1 (c) (i) or (ii) for a portion of the Centreyear will receive the additional leave on a proportionate basis; and
(v) part time employees accrue Additional Annual Leave on a pro rata basis determined on the average weekly hours worked per leave year.
(d) Any public holiday during Purchased annual leave
(i) Employees with less than 4 weeks accrued annual leave may elect to purchase up to an employeeadditional 4 week’s Annual Leave will annual leave by reducing their salary by an equivalent amount in accordance with WaterNSW policy the additional purchased annual leave must be counted and used by 30 June of the financial year in which it is purchased or it may be paid as such, and not as Annual Leave, if out to the employee would otherwise have been entitled by 30 September in the subsequent financial year.
(ii) The total of accrued annual leave and purchased annual leave will not exceed 8 weeks per year.
(iii) Payment for this additional purchased annual leave excludes leave loading and shift penalties.
(iv) An employee who has purchased additional annual leave can elect at any time to that public holidaycash out such leave.
(e) Annual Leave should Cashing out of annual leave
(i) In exceptional circumstances, XxxxxXXX and an employee may agree to cash out annual leave in accordance with WaterNSW policy and the below subclauses;
(A) each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 5.1 (e).
(B) the employee’s remaining accrued entitlement to paid annual leave must not be accumulated beyond less than 4 weeks.
(C) a maximum amount of six accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless Taking annual leave
(i) Employees must take at least two consecutive week’s annual leave every 12 months. However, XxxxxXXX may agree to alternative arrangements with the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when including where the employee is entitled has relevant carer’s requirements.
(ii) An employee will ensure they complete and submit a proposed leave plan for the next 12 months to payment as set out the manager where requested by XxxxxXXX.
(iii) Where an employee elects to take 4 weeks annual leave, the employee shall apply for annual leave at least a month in subclause 34 (g)advance of the date from which they propose to commence the requested leave period.
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any Payment for annual leave loading owing in is at the form ordinary rate of a lump sum payment pay applying at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of employee taking leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of Employees may apply for annual leave until the date the leave credit would otherwise have accrued.at:
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave andfull pay, within three months an amended leave form is submitted with a medical certificate stating or
(ii) half the period of incapacity of entitlement on double pay where the employee, Annual Leave is to be recredited and sick accrued leave debited insteadbalance following the payment remains at or above 4 weeks.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (ai) An employee is All employees (not being casual) shall on the completion of 12 months service be entitled to 4 weeks leave at the appropriate rate prescribed in clause 5 Wages, and such leave shall carry a loading of 17.5%.
(ii) All employees (not being casual) shall complete a period of twelve (12) months’ service from the day of commencement of their service before being eligible to take leave. Such leave to be taken before the end of the financial year in which the leave became due or may be carried forward in special circumstances with the approval of the Chairman of the Committee.
(iii) Part time employees shall be entitled to four weeks Annual Leave annual leave for each period of 12 months continuous service completed on the following basis: Staff Employed Under the Parliament (Joint Services) Act 1985 Enterprise Agreement 2013 Where the average number of ordinary hours worked per week in each year the preceding 12 months were: The annual leave hours to be paid for shall be:
(a) The annual leave prescribed by this subclause shall be exclusive of serviceany holiday prescribed in this agreement and if such holiday falls within a part-time employee’s annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period the number of hours which such employee but for the absence on annual leave, would normally have been required to work on such holiday. Annual Leave will accumulate Where such holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall lie upon the employee, to attend for work at the rate employees ordinary starting time on the employees usual working day immediately following the last day of one third the period of a week per month of employmentthe employees leave, the employee shall not be entitled to be paid for any such holiday.
(b) After six weeks of employment, an A part-time employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for before going on leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless the employee takes the corresponding period such wages as are payable in respect of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leaveleave due to and being taken by the employee (including any period added by virtue of placitum (ii) of this subclause). However, where For the Centre has allowed an employee to anticipate future leave credits, leave loading will not purpose of this subclause wages shall be paid on that portion of annual leave until at the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity hourly equivalent of the employee, Annual Leave is rate prescribed by clause 5 hereof for the occupation for which such employee was ordinarily engaged immediately prior to be recredited and sick the commencement of his leave debited insteador the termination of his employment as the case may be.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Full Time Associates shall be entitled to four weeks Annual Leave leave of absence on full pay in each accordance with the Act for a period equal to 152 hours for every year of service. Annual Leave will accumulate at the rate , exclusive of one third of a week per month of employmentPublic Holidays.
(b) After six weeks Full Time Associates in Broken Hill shall be entitled to Leave of employmentabsence on full pay in accordance with the Act for a period equal to 190 hours for every year of service, an employee may apply for accrued Annual Leave pro rataexclusive of Public Holidays.
(c) The employee must formally seek approval from Part Time Associates shall be entitled to Annual Leave on a pro-rata basis. Where the Centre for leave and number of hours worked vary throughout the Centre will consult other employees course of the year, entitlements to check that Annual Leave shall be calculated upon the leave is consistent average number of rostered hours worked during the year of accrual excluding additional hours worked with the needs payment of the Centre115%.
(d) Any public holiday during an employee’s Annual Leave will shall be counted taken at a time mutually agreed upon by BIG W and paid as such, the Associate and not as Annual Leave, if the employee would otherwise have been entitled to that public holidaycan be taken in either a continuous period or in separate periods.
(e) Payment in lieu of Annual Leave should shall not be accumulated beyond a maximum of six weeks. Where made by BIG W and not accepted by an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenAssociate.
(f) Annual Leave will Should an Associate not complete twelve months’ service the Associate shall on termination of employment be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)all their accrued Annual Leave.
(g) When Before an Associate proceeds on Annual Leave the Associate shall be paid any monies then due in respect of the Annual Leave being taken, provided that an employee finishes employment they will may elect to be paid all accrued on a weekly basis during their period of Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leavingLeave.
(h) The rate During a period of pay for Annual Leave is the ordinary rate of salary plus a leave loading an Associate shall receive an Annual Leave Loading of 17.5% calculated on the appropriate rate of the gross salary for the period wage prescribed by this agreement.
(i) On cessation of leave. Howeveremployment, where the Centre has allowed an employee to anticipate future leave credits, leave Annual Leave loading will not be paid on any leave accrued since completion of the last full year of continuous service calculated from the employee's commencement date.
(j) If the amount to which an Associate would have been entitled, by way of loadings etc, for the ordinary time normally worked is less than the Annual Leave Loading, then the higher amount shall be paid to the Associate.
(k) An Associate who is seriously ill or injured for 5 days or more during Annual Leave shall have Annual Leave re-credited for the period of illness/injury upon the Associate producing a certificate from a registered health practitioner confirming the period and nature of the illness. Provided that portion of annual leave until the date illness was so serious as to mean that the leave credit would otherwise have accruedAssociate was unable to enjoy their Leave.
(i) Where an employee would have been A serious illness shall include, but is not limited to, a period of hospitalisation, a broken limb, being bed-ridden or other serious illness that is confirmed by medical evidence.
(ii) BIG W is entitled to sick leave but for being on deduct the value of Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the loading paid for any period of incapacity of Leave which is re-credited, in accordance with this clause, from the employee, Annual Leave is to be recredited and sick leave debited insteadAssociate’s weekly earnings.
(jiii) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount period of annual leave that has yet to accrueillness shall be taken as Personal Leave and paid as ordinary time.
(kl) The provisions Permanent Associates are entitled to transfer some of their accrued Annual Leave to Personal Leave in accordance with the following conditions:
(i) Not more than 5 days Annual Xxxxxxxx Xxx 0000 also applyLeave can be transferred in an Anniversary Year.
(ii) Annual Leave will only be transferred to Personal Leave after the Personal Leave has been approved by BIG W.
Appears in 1 contract
Samples: Employment Agreement
Annual Leave. Subject to the provisions of this section and the Workplace Relations Act 1996, an Employee (aother than a casual Employee) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate accrue paid annual leave on a pro- rata basis at the rate of one third of a week per month of employment.
four (b4) After six weeks of employmentannual leave per year of continuous service (equivalent to approximately 2.769 hours for each completed week of continuous service). For the purpose of this Section, service shall be deemed to be continuous, notwithstanding an employee may apply Employee’s absence from work for accrued Annual Leave pro rata
any of the following reasons: • Illness or accident up to a maximum of two (c2) weeks after the expiry of personal leave; • Compassionate leave; • Jury service: • Long service leave. Whilst on annual leave an Employee will be paid the ordinary wage for the thirty six (36) ordinary hours that the Employee would have received in respect of the ordinary time the Employee would have worked, had the Employee not been on annual leave during the relevant period, plus a loading of 17.5%. The employee must formally seek approval from ordinary rate includes the Centre for base hourly rate, leading hand allowance, tool allowance and welding allowance, but excludes the attendance allowance. Subject to the provisions of the Workplace Relations Act 1996, the annual leave shall be given and taken as agreed by the Company and the Centre Employee. If a public holiday is observed on an ordinary working day during the period of annual leave, that day will consult other employees to check that not be counted as annual leave (i.e. the leave is consistent with the needs of the Centre.
increased by one (d1) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that day for each public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks). Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement All untaken accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess annual leave and to do so within six months of the direction being given.
(f) Annual Leave will not fully accrued leave loading shall be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate termination of pay for Annual Leave is employment, subject to Section 3.2.2 of this Agreement. Subject to the ordinary rate of salary plus a leave loading of 17.5% approval of the gross salary for the period Company, an Employee may forgo part of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of their annual leave until and cash it out. A condition of cashing out annual leave is that the date Employee may only cash out a maximum of two (2) weeks annual leave in each anniversary year. An Employee must make a request to cash out annual leave in writing. Where the request to cash out annual leave credit would otherwise have accrued.
(i) Where an employee would have been is agreed to by the Company, the Employee will be entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period receive pay in lieu of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave at a rate that has yet is no less than the Employee’s basis periodic rate of pay at the time the election to accrue.
(k) cash out is made. The provisions of the Annual Xxxxxxxx Xxx 0000 also applythis Section do not apply to casual Employees.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. (a) An employee is Full-Time Associates shall be entitled to four weeks Annual Leave leave of absence on full pay in each accordance with the Act for a period equal to 152 hours for every year of service. Annual Leave will accumulate at the rate , exclusive of one third of a week per month of employmentPublic Holidays.
(b) After six weeks Full-Time Associates in Broken Hill shall be entitled to Leave of employmentabsence on full pay in accordance with the Act for a period equal to 190 hours for every year of service, an employee may apply for accrued exclusive of Public Holidays.
(c) Part-Time Associates shall be entitled to Annual Leave pro rataon a pro-rata basis. Where the number of hours worked vary throughout the course of the year, entitlements to Annual Leave shall be calculated upon the average number of rostered hours worked during the year of accrual excluding additional hours worked with the payment of 115%.
(d) Annual Leave shall be taken at a time mutually agreed upon by BIG W and the Associate and can be taken in either a continuous period or in separate periods. Where an Associate has an accrued annual leave entitlement in excess of eight weeks, BIG W may direct the Associate to take such excess accrued leave.
(e) An Associate who as an accrued annual leave entitlement in excess of 8 weeks, may make an application to ‘cash out’ a period of paid Annual Leave (pro-rata for Part-Time Associates). BIG W may approve such application, at its discretion, subject to the following:
(a) The employee must retain a paid Annual Leave entitlement of no less than 8 weeks;
(b) Each ‘cashing out’ of Annual Leave must be by a separate agreement, in writing, between the Company and the employee; and
(c) The employee must formally seek approval from be paid the Centre for leave and the Centre will consult other employees to check amount that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if would have been payable had the employee would otherwise have been entitled to taken that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum period of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenleave.
(f) Annual Leave will Should an Associate not complete twelve months’ service the Associate shall on termination of employment be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)all their accrued Annual Leave.
(g) When Before an employee finishes employment they Associate proceeds on Annual Leave the Associate may elect to be paid any monies then due in respect of Annual Leave being taken, otherwise the Associate will be paid all accrued on a weekly basis during their period of Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leavingLeave.
(h) The rate During a period of pay for Annual Leave is the ordinary rate of salary plus a leave loading an Associate shall receive an Annual Leave Loading of 17.5% calculated on the appropriate rate of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedwage prescribed by this agreement.
(i) Where an employee would have been entitled to sick Annual leave but for being loading as prescribed in 6.3(h) will be paid in respect of untaken leave on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period termination or resignation of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteademployment.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre If the amount to which an Associate would have been entitled, by way of annual leave that has yet loadings etc, for the ordinary time normally worked is less than the Annual Leave Loading, then the higher amount shall be paid to accruethe Associate.
(k) The provisions An Associate who becomes eligible for Personal Leave during a period of Annual Leave, under the Agreement, shall have Annual Leave re- credited for the period of Personal Leave upon the Associate producing a certificate from a registered health practitioner confirming the nature of the leave. The notice must be given as soon as practicable and must identify the period, or expected period, of the leave.
(i) BIG W is entitled to deduct the value of Annual Xxxxxxxx Xxx 0000 also applyLeave loading paid for any period of Leave which is re-credited, in accordance with this clause, from the Associate’s weekly earnings.
(ii) The period of illness shall be taken as Personal Leave and paid as ordinary time.
(l) Permanent Associates are entitled to transfer some of their accrued Annual Leave to Personal Leave in accordance with the following conditions:
(i) Not more than 5 days Annual Leave can be transferred in an Anniversary Year.
(ii) Annual Leave will only be transferred to Personal Leave after the Personal Leave has been approved by BIG W.
Appears in 1 contract
Samples: Certified Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Full-time and part-time Employees shall be entitled to four 5 weeks Annual Leave annual leave in each respect of any 12 months service. This leave entitlement is inclusive of the base NES annual leave entitlement and the additional week under the NES for a ‘shiftworker’ as defined. A ‘shiftworker’ for the purposes of this subclause and the NES is an Employee who is regularly rostered over seven days of the week and regularly works on weekends.
(ii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate Employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(eii) Annual Leave should not be accumulated beyond Where other periods of leave occur (other than unpaid parental leave), or a maximum period of six weeks. Where an employee has more than six weeks accumulated Annual Leaveabsence from employment for community service leave, the Centre may consult Employee is taken not to be on paid annual leave for the employee about period of that other leave or absence.
(c) Effect of termination on annual leave
(i) If, when the employment of an Employee ends, the Employee has a suitable time period of untaken accrued annual leave, the Employer must pay the Employee the amount that would have been payable to the Employee had the Employee taken that period of leave, including any leave loading.
(d) Taking of leave
(i) An Employee with an accrued annual leave entitlement is entitled to apply to take such Annual Leave. An employee will not forfeit any annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisand the Employer shall not unreasonably refuse such an application.
(ii) Where the Employee has accrued at least double their annual entitlement to annual leave, the Employer may direct the Employee to take some or all of that accrued annual leave, provided that:
(1) the Employee has been given a reasonable opportunity to submit a plan to reduce the leave balance to not more than 6 weeks (pro rata for part-time), to take the excess leave and to do so within six months of (leave reduction plan);
(2) the Employer will not unreasonably refuse to agree to a leave reduction plan which includes saving leave for an extended vacation within 12 months;
(3) in directing that the Employee take leave, the Employee cannot be directed to reduce the accrued leave to less than 6 weeks, unless agreed otherwise between the Employer and Employee; and
(4) the direction being must not require the Employee to take a period of annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given.
(fiii) Annual Leave will not be paid unless Notwithstanding the employee takes provisions of this clause, the corresponding Employer may direct an Employee to take a period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedin accordance with subclause (h).
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Annual Leave. (a) An employee is entitled to Except as hereinafter provided all weekly employees, after each 12 months' continuous service with the Employer, shall be granted four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employmentleave on full pay.
(b) After six weeks An employee whose services are terminated for any cause whatsoever, or who leaves their employment in a qualifying period for annual leave, shall be entitled to the cash equivalent of employment, an employee may apply for accrued Annual Leave pro ratasuch leave in respect of the period worked in the proportion which that period bears to a year.
(c) The annual leave shall be given and taken in one continuous period or, if the employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centreemployer so agree, in two or more separate periods.
(d) Any public holiday during Annual leave in advance
(i) The employer may grant to an employee’s Annual Leave will be counted employee their annual leave or, subject to subclause (c) of this clause, a part thereof before the right to the leave has fully accrued due, but where the leave or part thereof is so taken, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the leave or part leave was granted in advance.
(ii) Where the annual leave or part thereof has been granted to an employee pursuant to this sub clause before the right to the leave has accrued due; and The employee subsequently leaves or is discharged before completing the twelve months continuous service in respect of which the leave or part leave was granted; and The sum paid as such, and not as Annual Leave, if by the employer to the employee would otherwise have been for the leave or part leave taken in advance exceeds the sum which the employer is required to pay the employee under paragraph (b) of this clause the employer shall not be liable to make any payments to the employee and shall be entitled to that public holidaydeduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by these conditions of employment from any remuneration payable to the employee upon termination of the employment.
(e) Annual Leave should not An employee before going on annual leave shall be accumulated beyond a maximum paid therefore at the rate at which they were ordinarily employed prior to the commencement of six weeksthe leave. Where Provided that an employee has more than six weeks accumulated Annual Leave, whose services are terminated (either by himself or by his employer) after having accrued a full years' entitlement of annual leave shall receive the Centre may consult above payments in respect of that entitlement; provided further that pro-rata payments in lieu of annual leave on termination of employment shall be paid for at the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months 's normal rate of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenpay.
(f) Annual Leave will Subject to this subclause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by these conditions of employment. If any such holiday falls within an employee's period of annual leave and is observed on a day which, in the case of that employee, would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Where a holiday falls as aforesaid and the employee fails, without reasonable cause proof whereof shall be upon him, to attend for work at his ordinary starting time on the working day immediately following the last day of the period of his annual leave, he shall not be entitled to be paid unless the for any such holiday.
(g) Any time in respect of which an employee takes the corresponding period of absence is absent from work, work except at the end of an employee’s employment, when time for which the employee is entitled to payment claim sick pay or time spent on holidays or annual leave as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary prescribed by this Clause shall not count for the period purpose of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of determining the employee, Annual Leave is ’s right to be recredited and sick leave debited insteadannual leave.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Workplace Agreement
Annual Leave. 21.1 Subject to the provisions of the FW Act:
(a) An employee is Employees are entitled to four weeks Annual Leave in 152 hours of paid annual leave for each year of service. Annual Leave will accumulate at continuous service with the rate of one third of a week per month of employment.Company; and
(b) After six weeks Continuous Shiftworkers are entitled to 190 hours of employmentpaid annual leave for each year of continuous service with the Company.
21.2 An Employee’s paid annual leave entitlements shall be paid according to the employee’s Ordinary Hours of Work. For the avoidance of doubt, during approved paid annual leave an employee may apply for accrued Employee shall be paid 38 hours per week calculated at the applicable Hourly Rates of Pay referred to in Schedule B and C. Annual Leave pro rataleave is to be taken in single days and be paid at 7.6 hours per day calculated at the applicable Hourly Rate of Pay referred to in Schedule B and C.
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check 21.3 If a public holiday identified as such in this Agreement falls on a day that the Employee is taking authorised annual leave is consistent with which, but for the needs of annual leave, the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee Employee would otherwise have been entitled rostered to work, that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave day will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment counted as set out in subclause 34 (g)annual leave.
(g) When 21.4 Any authorisation given by the Company enabling an employee finishes employment they will be paid all accrued Annual Leave plus any Employee to take annual leave loading owing during a particular period is subject to the operational requirements of the Work Site in respect of which the form of a lump sum payment at the time of leavingEmployee is employed.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed 21.5 Employees must take an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave during a particular period if they are directed to do so by the Company because, during that has yet period, the Company closes down the part of the business in which an Employee works for the purposes of allowing annual leave to accruebe taken; and at least that amount of annual leave is credited to the Employee. The Company shall give the Employee at least one (1) months’ notice of its intention to do so. In the event that an Employee’s annual leave credit is less than the period of close down, the remainder of the close down period shall be taken as unpaid leave.
(k) The provisions 21.6 In the event of an Employee being employed by the Company for a portion of a year, the Employee shall only be entitled to such paid annual leave as is proportionate to the Employee’s length of service during that period with the Company and, if such leave is not equal to the leave given to other Employees on leave, the Employee shall not be entitled to work or pay whilst the other Employees of the Annual Xxxxxxxx Xxx 0000 also applyCompany are on paid annual leave.
21.7 If directed by the Company an Employee must take up to twenty five (25) percent of any annual leave accrued where at the time the Employee is directed to take the leave the Employee has accrued and not taken leave in respect of the Employee’s last two
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 12.1 Annual leave will generally be in accordance with the provisions of the NSW Annual Holidays Act, 1944. Annual leave entitlements will be approved on the basis that an employee may apply for no more than 5 single day absences during the year with the balance of annual leave being approved in single periods of no less than 5 consecutive day segments.
12.2 Motorway Attendant And Six-day Shift Workers Subject to subclause 12.1 above, annual leave shall be taken in accordance with the Annual Holidays Act, 1944.
12.3 Seven-day Shift Workers
(a) An employee is entitled In addition to four weeks the leave prescribed by the Annual Leave in each year Holidays Act 1944, a further period of service. Annual Leave will accumulate seven consecutive days' leave, with thirty eight hours pay at the rate of one third of a week per month of employmentordinary rates, shall be allowed annually to full- time employees after not less than twelve months' continuous service as seven-day shift workers under this Agreement.
(b) After six weeks An employee with twelve months' continuous service who is employed for part of employmentthe twelve monthly period as a seven day shift worker under this Agreement shall be entitled to have the leave prescribed by the Annual Holidays Act 1944, an increased by a half day for each month the employee may apply for accrued Annual Leave pro ratais continuously employed as aforesaid.
(c) The employee must formally seek approval from Where the Centre for additional leave and the Centre will consult other employees to check that is calculated under paragraph (b) of this subclause or includes a fraction of a day, such day shall not form part of the leave is consistent with the needs of the Centreperiod and any such fraction shall be discharged by payment only.
(d) Any public holiday during Annual leave under this subclause shall be given and taken within a period not exceeding six months from the date upon which the right to such have accrued; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the employer from allowing annual leave to an employee’s Annual Leave will be counted and paid as suchemployee before the right thereto has accrued, and but where such leave is taken before the right thereto has accrued further leave shall not as Annual Leave, if commence to accrue until after the employee would otherwise have expiration of the twelve months in respect of which such annual leave has been entitled to that public holidaytaken.
(e) Annual Leave should Any employee whose employment is terminated by the employer through no fault of his own and any employee who leaves his employment shall be paid for the proportionate period of annual leave to which he would have been entitled if his employment had not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do been so within six months of the direction being giventerminated.
(f) Annual Leave will The annual leave provided for by this subclause shall be given and shall be taken and except as provided in paragraphs (c) and (e), of this subclause, payment shall not be paid unless the employee takes the corresponding period made or accepted in lieu of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)annual leave.
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in Service with the form employer before the date of a lump sum payment at coming into force of this Agreement shall count as service for the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% purpose of the gross salary for the current qualifying twelve-monthly period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedunder this clause.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is 33.1 Full Time employees shall be entitled to four weeks Annual Leave in each year 4 weeks’ paid annual leave per year.
33.2 Where an employee’s ordinary hours of service. work are systematically rostered throughout the 24 hours of the day and / or the 7 days of the week the employee will be entitled to an additional week of paid annual leave per year.
33.3 Annual Leave will accumulate accrue weekly and unused annual leave accumulates from year to year.
33.4 Part time employees will accrue annual leave on a pro rata basis.
33.5 Annual leave shall be paid at the employee’s ordinary rate of one third pay.
33.6 Annual leave may be taken as agreed between Aurizon and the employee.
33.7 An employee may, subject to Aurizon’s agreement, accrue annual leave up to a maximum of 6 weeks annual leave in the case of employees entitled to 4 weeks annual leave per year and 8 weeks annual leave in the case of employees who accrue 5 weeks annual leave per year. Aurizon and an employee may also enter into an agreed leave plan that allows leave to accrue beyond the limits provided for in this clause.
33.8 Where a public holiday falls within a period of annual leave the day shall be treated as a public holiday and not debited as annual leave. For the purpose of debiting annual leave, a day’s annual leave shall be eight hours and a week’s annual leave shall be 40 hours, pro rata for part time workers.
33.9 For the purpose of rostering whole weeks of annual leave a week per month of employment.
(b) After six weeks of employmentshall be seven days commencing at 0001 hours on the first day and ending at 2359 hours on the seventh day. Consequently, an employee may apply will not be rostered for accrued Annual a shift which finishes on the first day of annual leave.
33.10 Each year before June 30, Aurizon shall post a leave roster at each work location showing the planned dates for clearance of annual leave by employees. Leave pro rata
(c) The rosters shall be compiled with due consideration to employee must formally seek approval from the Centre for leave requests and the Centre equitable sharing of leave during particular seasons and periods of demand. The application process will consult other employees to check that include the employee nominating specific times the leave is consistent with the needs requested, which will then be considered by Aurizon.
33.11 An employee may cash out a portion of the Centreemployee’s accrued annual leave subject to the following conditions:
33.11.1 Each cashing out of a portion of leave must be by separate written agreement between the employee and Aurizon.
(d) Any public holiday during an 33.11.2 The minimum amount of leave to be cashed out is eight hours.
33.11.3 The employee’s Annual Leave will remaining accrued entitlement to paid annual leave after the cashing out must be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayno less than 160 hours.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, 33.11.4 In all cases the Centre may consult the employee about a suitable time to take such Annual Leave. An employee cashed out leave will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months form part of the excess leave accruing (or at any time after this), to take the excess leave employee’s taxable earnings and to do so within six months of the direction being givenAurizon will deduct applicable tax.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus 33.11.5 In considering any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed application by an employee to anticipate future leave credits, leave loading will not be paid on that portion of cash out annual leave until Aurizon will take into account the date potential workplace health and safety impact on the employee of the leave credit would otherwise have accruednot being taken.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave Employee will accumulate accrue paid annual leave at the rate of 4 weeks (for each 12-month period of continuous service). Annual leave is paid based on 36 hours per week at the Base Rate paid to the Employee immediately prior to the leave plus a loading of 17.5% (plus Leading Hand allowance if applicable). For the period, if any, that an Employee is engaged as a Shift Worker for the purposes of the National Employment Standards as defined by this Agreement, they will be entitled to a pro-rata accrual of 5 weeks (maximum) of annual leave per annum.
b) An Employee who would have received shift loadings prescribed by this Agreement had they not been on Annual Leave, will forgo the Annual Leave loading and will be entitled to the higher shift loadings.
c) The loading prescribed in 7.1(a) or (b), will apply to accrued but untaken annual leave on termination.
d) The period of annual leave will be exclusive of any public holiday that occurs during the period.
e) The Employer may direct Employees to take accrued annual leave on one third month’s notice, the Employer will generally close down the Project for one or more weeks over the Christmas – New Year period and in these cases, Employees will generally be required to ensure that they have sufficient Annual Leave remaining to enable them to take leave for the period of the shutdown. In the event that they do not have Annual Leave or RDO accruals, the Employee may be required to take Leave Without Pay for such period or a week per month combination of Annual Leave, RDO and Leave Without Pay.
f) Unless otherwise agreed, one month’s notice of the start of annual leave will be given by Employees. Annual leave may be taken in any combination of days or weeks agreed between the Employer and the Employee.
g) An Employee going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Employer before the leave is taken.
h) Where an Employee has exhausted Annual Leave entitlements, leave without pay may be considered by the Employer and approval of such leave will be at the Employer’s sole discretion. The Employee must make a formal request in writing providing a valid reason for such a request. If leave without pay is granted to the Employee, the Employee will not accrue any entitlements for the duration of leave without pay.
i) Accrued annual leave is paid out on termination of employment.
(bj) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave This clause 7.1 will be read and the Centre will consult other employees to check that the leave is consistent be interpreted in conjunction with the needs definition of “shiftworker” in clause 38 of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted Building and paid as such, Construction General On-Site Award 2020 for the purposes of the NES. If there is any inconsistency between this clause and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual LeaveNES, the Centre may consult the employee about a suitable time more beneficial provision to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenEmployee prevails.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (1) The quantum of annual leave shall be as follows:
(a) An employee is Full Time Employees are entitled to four (4) weeks Annual Leave in annual leave on completion of each year twelve months of continuous service. Annual Leave will accumulate at the rate of one third of a week per month of employment.
(b) After six weeks of employmentFull Time Employees who are "shift workers", an employee may apply for accrued Annual Leave pro ratawhich includes Employees who regularly complete on call as defined in Clause 7 (1) (n) are entitled to one week's additional leave,
(c) Part Time Employees accrue a pro rata entitlement as stipulated in (a) and (b) above indirect proportion to the number of ordinary hours worked.
(2) The employee must formally seek approval from entitlement of annual leave shall continue to accrue whilst an Employee is on annual leave and other forms of paid leave. Annual leave shall not accrue during any period of unpaid leave except for the Centre for first three (3) months of unpaid sick leave and the Centre will consult other employees to check that the leave is consistent with the needs first month of the Centreworkers compensation leave.
(d3) Any public holiday during an employee’s Annual Leave leave accrues on a weekly basis and accumulates from year to year. Rate of Pay
(4) An Employee shall be paid for any period of annual leave as prescribed in this clause as follows:
(a) the rate of wage including the shift and weekend penalties the Employee would have received had the Employee not proceeded on annual leave, or
(b) Where it is not possible to accurately calculate the shift and weekend penalties the Employee would have received, the Employee will be counted paid a rate which includes:
(i) the ordinary rate of wage which the Employee had received for the greatest proportion of the 4 weeks immediately prior to taking the leave; and
(ii) the average shift and paid as such, and not as Annual Leave, if weekend penalties received over the employee would otherwise have been entitled 4 weeks prior to that public holidaytaking the leave.
(e5) Annual Leave should not be accumulated beyond a maximum of six weeks. Where In any event, an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will Employee shall not be paid unless less than the employee takes ordinary rate of pay (excluding shift and weekend penalties) the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment Employee would have received at the time of leaving.
(h) The rate of pay for Annual Leave is taking the ordinary rate of salary leave plus a leave loading of 17.5% for the 4 weeks annual leave and one week's additional shift leave component. Timing of Payment
(6) The Employee is to be paid for a period of annual leave at the gross salary for time payment is made in the normal course of employment, unless the Employee requests in writing to be paid before the period of leaveleave commences. HoweverTermination
(7) If the Employee's employment terminates, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not Employee shall be paid on that portion of for any annual leave until (full entitlement or pro rata) which has accrued under subclause (1) but which has not yet been taken. Leave loading shall only apply to leave resulting from a completed year of service. Taking Annual Leave
(8) By agreement with the date the Employer an Employee may take annual leave credit would otherwise have accruedin any portion.
(i9) Where an employee would have been entitled to sick leave but for being on Annual Leave and, shall be taken at a time which is mutually convenient to the Employer and the Employee provided that the leave must be taken within three 24 months an amended leave form is submitted with a medical certificate stating following the period date of incapacity of the employee, accrual. Where Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedhas not been taken within 24 months of accrual, the employee will reimburse Employer may give the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.Employee at least two
Appears in 1 contract
Samples: Registered Nurses Agreement
Annual Leave. (a) An employee is
12-1 Full-time, year-round classified employees shall be entitled to four weeks Annual Leave in the hourly equivalent of ten working days of paid annual leave each year of service. Annual Leave will accumulate at the rate of one third of a week per month during their first five years of employment.
. After five (b5) After six weeks consecutive years of employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of fifteen working days of paid annual leave. After fifteen (15) years of consecutive employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of twenty (20) working days of paid annual leave. (2011)
12-2 Annual leave is earned and credited to the employee on a monthly basis coinciding with pay periods. Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to personal business. Employees may not use annual leave before the end of the pay period in which the hours accrued. (2011)
12-3 If an employee may apply accepts a position that accrues annual leave and, immediately preceding the acceptance of such position, was in continuous full-time employment with the School District, such prior service time shall be included in determining the rate at which annual leave shall accrue. This rate shall be prorated dependent upon the prior contracted days. (2011)
12-4 Annual leave must be earned before it can be accrued and used. Entitled employees shall be eligible to take accrued annual leave following their first six (6) months of employment. Upon termination, an employee with more than six months of continuous employment will be paid for all accrued annual leave at the employee’s last regular rate of pay. (2011)
12-5 Annual Leave pro rata
(cis an earned benefit. If employees meet the requirements for annual leave, they shall be allowed to take their annual leave at a time(s) The employee must formally seek of their choosing, provided they request the leave in advance and receive approval from the Centre for leave and the Centre their supervisor. Reasonable consideration will consult other employees be given to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will request for specified annual leave dates. In instances where there is a conflict in scheduling vacation time off submitted at the same time between employees in the same department or site, seniority shall be counted and paid as suchgiven priority. Otherwise, and not as Annual Leave, if the employee that submits the request the earliest would otherwise have been entitled to that public holidaybe given priority. (2017)
12-6 District staffing needs as well as emergency situations may require denial of annual leave requests and/or rescheduling of approved dates.
12-7 No more than the hourly equivalent of two (e2) Annual Leave should not years annual leave may be accumulated. No additional annual leave shall be accrued beyond the maximum that could be accumulated over two (2) years. (2011)
12-8 In unusual circumstances, earned annual leave may be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leavethe two (2) year maximum, the Centre may consult provided the employee about a suitable time was unable to take such Annual Leavevacation leave due to workload and the extended accrual is approved by the District. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this2011), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Negotiation Agreement
Annual Leave. (a) An employee is entitled Full-time, Part-time and Fixed-term Employees shall accrue paid annual leave at the rate of 0.07693 hours for each ordinary hour worked. This leave shall be available to four weeks Annual Leave in the Employee at the completion of each year of service. Annual Leave will accumulate at For information purposes only, this equates to 4 weeks paid leave for a Full-time Employee. Due to the rate nature of one third of a week per month the employment contract, Casual Employees shall not accrue or receive any annual leave during their term of employment.
(b) After six weeks of employment, . Payment to an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for Employee on annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should shall not be accumulated beyond a maximum of six weeks. Where an employee has more less than six weeks accumulated Annual Leave, the Centre may consult Employee’s loaded wage rate prescribed by this agreement for the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 annual leave (g).
(gexcluding allowances and penalty payments) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary Employee’s loaded wage rate. If the employment of an Employee is terminated before the expiration of a full year of employment, the Employee shall be paid in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s ordinary hourly rate plus the annual leave loading, but excluding any allowances or other loading. Employees are required to use any or all of their annual leave entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with 4 weeks notice of their intention to take annual leave. The Employer shall attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the Employer may refuse to grant the request for annual leave. Employees may be required to take annual leave during a designated closure of the business, should this be required the Employer shall provide Employees with the relevant dates at the appropriate time. Where an Employee accrues excessive annual leave (as determined in Clause 1.7 of this Agreement) the Employer may request the Employee to take up to ¼ of their accrued leave on the provision of 2 weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave purposes shall be paid to the Employee incrementally during the period of leaveleave on their regular pay day or in advance, as mutually agreed between the Employee and the Employer. However, where the Centre has allowed an employee to anticipate future Annual leave credits, leave loading will not shall be paid on exclusive of any statutory holiday that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating occurs during the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadannual leave.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. Employees may access Annual Leave provisions as defined below paid at the Ordinary Time Loaded rate as contained in this Agreement. Annual Leave shall be exclusive of any statutory (public) holiday which may occur during the period of Leave. Full Time Employees shall have a full entitlement; Part Time Employees shall have a prorata entitlement. Casual Employees shall not have an entitlement to Annual Leave. Leave shall accrue prorata, in arrears, every completed 4 weeks of service. The Employer shall give Employees at least two (2) weeks prior notice should the Employee be required to take Annual Leave where the annual leave accrual exceeds 304 hours. Employees shall be encouraged to take Annual Leave during quiet periods of customer demand. Employees shall not accrue more than eight (8) weeks Annual Leave at any one time unless approval is obtained from the Employer to accrue Annual Leave for a special circumstance.
(a) An employee is The Annual Leave for those Employees who are entitled shall be accrued as eight (8) hour days and paid as eight (8) hour days, four (4) weeks being twenty (20) days at eight (8) hour days:-
(i) Full Time Employees (prorata for Part Time Employees) shall be entitled to four (4) weeks Annual Leave in each year of service. and Employees shall be encouraged to take Annual Leave will accumulate at in two (2) parts of two (2) weeks unless special circumstances exist;
(ii) Annual Leave shall be taken as mutually agreed between the rate Employer and the Employee and normally recorded on an Annual Leave roster. Where two (2) or more Employees apply to take Annual Leave for the same period, the Employer shall determine which Employee avails of one third of annual leave based on the workload and customer demand.
(iii) Special Circumstances Holiday Leave may be approved by the Employer to allow the Employee to accrue Annual Leave for a week per month of employmentspecial circumstance such as an extended holiday to travel or for family reasons.
(b) After six Employees entitled to annual leave can cash in a maximum of two (2) weeks of employment, an employee may apply for accrued Annual Leave pro rataleave per year.
(c) The employee must formally seek approval from the Centre Payment for annual leave will be at Ordinary Time rate plus 17.5% for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centreaccrued after 11th July, 2007.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Full-time Employees shall be entitled to four 5 weeks Annual Leave annual leave in each year respect of any 12 months service. Annual Leave Part time employees will accumulate be entitled to 5 weeks annual leave pro rata in respect of any 12 months service. This five week minimum leave entitlement is inclusive of the base NES annual leave entitlement and the additional week under the NES for a ‘shiftworker’ as defined.
(ii) In addition to the minimum five weeks leave prescribed in subclause (i) and subject to the provisions below, a full-time Employee shall be entitled to an additional (sixth) week’s annual leave as follows:
a) An Employee who is required to work and worked ordinary hours (as prescribed under Clause 16- Hours of Work) on week days and on weekends throughout the qualifying twelve months period of service shall be allowed an additional seven consecutive days leave including non-working days.
b) An Employee with twelve months continuous service so engaged for part of the qualifying twelve months period shall have the leave prescribed in subclause (a) increased by half a day for each month during which engaged as aforesaid.
(iii) From the first full pay period on or after 1 January 2027, sub-clause (ii) above will include coverage to both full-time and part-time employees. This will mean that a part-time employee will become eligible to accrue annual leave at the rate of one third 6 weeks per year from FFPPOA 1 January 2027 pro-rata.
(iv) Such annual leave accrues progressively during a year of a week per month service according to the Employee’s ordinary hours of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(eii) Annual Leave should not be accumulated beyond a maximum Where other periods of six weeks. Where an employee has more leave occurs (other than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisunpaid parental leave), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding or a period of absence from workemployment for community service leave, except at the end of an employee’s employment, when the employee Employee is entitled taken not to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be on paid all accrued Annual Leave plus any annual leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of that other leave or absence.
(c) Effect of termination on annual leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where If, when the employment of an employee Employee ends, the Employee has a period of untaken accrued annual leave, the Employer must pay the Employee the amount that would have been entitled payable to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the Employee had the Employee taken that period of incapacity leave inclusive of the employee, Annual Leave is to be recredited and sick leave debited insteadloading.
(jd) The Centre Taking of leave
(i) Two week’s notice of the date from which an Employee shall commence their annual leave shall be given unless otherwise mutually agreed upon between the parties concerned.
(ii) An Employee may in appropriate circumstances allow an employee elect, with the consent of the Employer, to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the accrue and carry forward any amount of annual leave that has yet to accruefor a maximum of two years from the date of entitlement.
(kiii) The provisions An Employee is entitled to apply to take annual leave at any time and the Employer shall not unreasonably refuse such an application.
(iv) Direction to take leave – excess accrual Where the Employee has accrued at least eight weeks of annual leave, the Annual Xxxxxxxx Xxx 0000 also apply.Employer may direct the Employee to take some or all of that accrued annual leave, provided that:
(1) the Employee has been given a reasonable opportunity to submit a plan to reduce the annual leave balance to not more than six
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. a. Entitlement
i) After the end of each completed twelve (a12) An months of continuous employment, an employee is entitled to not less than four weeks (4) weeks' paid annual holidays.
ii) Annual Leave in each year of service. Annual Leave will accumulate holidays are paid at a rate that is based on the greater of:
1) The employee's ordinary weekly pay as at the rate beginning of one third the annual holiday; or
2) The employee's average weekly earnings for the twelve (12) months immediately before the end of a week per month of employmentthe last pay period before the annual holiday.
(biii) Annual holiday entitlement for all employees shall be as provided in the Holidays Xxx 0000.
iv) Unless otherwise requested by the employee payment for annual holidays will continue to be paid fortnightly while on leave.
b. Anticipated Leave
i) After six weeks of employment(6) months current continuous service, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for employer shall not unreasonably withhold granting anticipated leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during before an employee’s Annual Leave will be counted and leave year entitlement is completed.
ii) An employee taking anticipated leave who leaves his / her employment prior to entitlement of annual holidays shall repay on termination any excess monies paid as such, and not as above the entitlement.
c. Taking Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances An employer must allow an employee to anticipate future leave credits, provided that where take annual holidays within twelve (12) months after the date on which the employee's entitlement to the holidays arose.
ii) If an employee leaves elects to do so, the Centre before employer must allow the employee to take at least two (2) weeks of his or her annual holiday’s entitlement in a continuous period.
iii) When annual holidays are to be taken by the employee, the timing is to be agreed between the employer and employee.
iv) An employer must not unreasonably withhold consent to an employee's request to take annual holidays.
v) Unless agreed to by the employer, annual leave shall be taken within twelve (12) months of when the annual leave accrued.
vi) In the event of a conflict between two or more employees over the taking of annual holidays at the same period, and, where it is impracticable for both or all of the employees to be absent at the same time, priority will be given by the employer to employees in the order in which the leave is accrued, applications are received by the employee will reimburse the Centre the amount of annual leave that has yet to accrueemployer.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. (i) Day Workers and Six Day Shift Workers – See Annual Holidays Act, 1994
(ii) Seven Day Shift Workers:
(a) An employee is entitled In addition to four weeks the leave prescribed by the Annual Leave in each year Xxxxxxxx Xxx 0000, a further period of service. Annual Leave will accumulate at seven consecutive days leave, shall be allowed annually to employees after not less than twelve months continuous service as seven-day shift workers under this award, less the rate period of one third of a week per month of employmentannual leave.
(b) After six weeks An employee with twelve months continuous service who is employed for part of employmentthe twelve monthly period as a seven-day shift worker under this award shall be entitled to have the leave prescribed by the Annual Xxxxxxxx Xxx, an employee may apply for accrued Annual Leave pro rata0000 increased by a half day each month he is continuously employed as aforesaid.
(c) The employee must formally seek approval Where the additional leave is calculated under paragraph (b) of this subclause is or included a fraction of a day shall not form part of the leave period and any such fraction shall be discharged by payment only.
(d) Annual leave under this subclause shall be given and taken within a period not exceeding six months from the Centre for day upon which the right to such leave and the Centre will consult other employees to check accrued; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the Company from allowing annual leave to an employee before the right thereto has accrued, but where such leave is consistent taken before the right thereto has accrued further leave shall not commence to accrue until after the expiration date of the twelve months in respect of which such annual leave has been taken.
(e) Any employee whose employment is terminated by the Company through no fault of his own and any employee who leaves his employment shall be paid for the proportionate period of annual leave to which he would have been entitled if his employment had not been so terminated.
(f) The annual leave provided for by this subclause shall be given and shall be taken and, except as provided in paragraphs (c) and (e) of this subclause, payment shall not be made or accepted in lieu of annual leave.
(g) Service with the needs Company before the operative date of this Agreement shall count as service for the purpose of the Centrecurrently qualifying twelve-month period under this clause.
(iii) Days added to period of Annual Leave:
(a) In the case of an employee who was at the commencement of his annual leave employed as a seven day shift worker, as defined, one day shall be added to his annual leave period in respect of any holiday prescribed by this Agreement which falls within the period of annual leave to which he is entitled under this Award.
(b) One day shall be added to the annual leave period of any employee who, whilst employed as a seven day shift worker, as defined, is rostered off duty on a day which is a holiday prescribed by this Award and who is not required to work on that day.
(c) Any day or days added shall be paid for at ordinary rate of pay prescribed by Clause 9 Rates of Payment of this Agreement.
(d) Any public holiday during an employee’s Annual Leave will day or days added in accordance with paragraph (a) or (b) of this subclause shall be counted and paid as such, and not as Annual Leave, if the working days immediately following the period of annual leave to which the employee would otherwise have been is entitled to that public holidayunder subclause (i) and (ii) of this clause.
(e) Annual Leave should not be accumulated beyond a maximum For the purpose of six weeks. Where paragraph (d) of this subclause, working days shall be:
(1) In the case of an employee has more who, at the commencement of his period of annual leave was employed as a day worker – any day in the week other than six weeks accumulated Annual LeaveSaturday, Sunday or a Holiday prescribed by this Agreement.
(2) In the Centre may consult case of an employee who, at the commencement of his period of annual leave, was employed as a seven day shift worker – any day of the week including a day on which the employee about a suitable time to take such Annual Leave. An employee will concerned would have been rostered off duty if he was not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenon annual leave.
(f) Where the employment of a worker has been terminated and he thereby becomes entitled under section 4 of the Annual Leave will not be paid unless the employee takes the corresponding Holidays Xxx 0000, to payment in lieu of annual holidays, with respect to a period of absence from work, except at the end of an employee’s employment, when the employee is he shall also be entitled to an additional payment as set out in for each day accrued to him under paragraph (b) of this subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading pay prescribed by Clause 9 of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedthis Agreement.
(iiv) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the An employee will reimburse the Centre the amount of be required to take annual leave that has yet where there is a lack of work due to accrue.
(k) The provisions of construction or maintenance being carried out on the Annual Xxxxxxxx Xxx 0000 also apply.Company plant
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee A worker is entitled to four 4 weeks Annual Leave annual leave in each year of service, with any unused credit being carried over to accumulate with following years’ credits. Annual Leave will accumulate at the rate of one third of a week per month of employmentmonth.
(b) After six A worker may take annual leave on a pro-rata basis after 6 weeks of employment, an employee may apply for accrued Annual Leave pro ratawork.
(c) A worker planning annual leave will consult other workers through staff meetings about a period of leave that is consistent with the needs of the worker’s position and of the Centre, and that is suitable to the personal needs of the worker. The employee worker must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centreleave.
(d) Any public holiday during an employeea worker’s Annual Leave annual leave will be counted and paid as such, and not as Annual Leaveannual leave, if the employee worker would otherwise have been entitled to that public holiday.
(e) Annual Leave leave should not be accumulated beyond a maximum of six 8 weeks. Where an employee has more than six weeks accumulated Annual Leave, and the Centre may will consult the employee a worker about a suitable time to take such Annual Leaveleave in advance of the worker exceeding the maximum. An employee A worker will not forfeit any leave entitlement accrued above six 8 weeks, however but the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), a worker to take leave so as to keep it below the excess leave and to do so within six months of the direction being givenmaximum.
(f) Annual Leave Except at the end of a worker’s employment, annual leave will not be paid unless the employee worker takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee a worker finishes employment they will be paid all accrued Annual Leave annual leave plus any leave loading owing in the form of a lump sum payment at the time of leavingloading.
(h) The rate of pay for Annual Leave annual leave is the ordinary rate of salary plus a leave loading bonus of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee a worker to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee a worker would have been entitled to sick sickness and carers leave but for being on Annual Leave andannual leave, within three months an amended sickness and carers leave form is submitted with a medical certificate stating will be paid for the relevant period and the equivalent period of incapacity of the employee, Annual Leave is to annual leave will be recredited and sick leave debited insteadrecredited.
(j) The Centre may in appropriate circumstances allow an employee a worker to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
(a) Workers will be entitled to paid leave for a day duly proclaimed by the NSW Government as being a public holiday, provided the worker is otherwise due to work on that day.
(b) By agreement between the Centre and a worker another day may be substituted for any public holiday.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee a. Full Time Shift Workers are entitled to six weeks annual leave.
i. For the purpose of the additional weeks of annual leave provided by the NES, a shiftworker is defined as : a Nurse / Midwife Caregiver who is not a Day Worker as defined in Section B Definitions of this Agreement:
b. All other Nurse / Midwife Caregivers are entitled to four weeks Annual Leave annual leave to be taken at a time that is mutually agreeable between the Nurse / Midwife Caregiver and the Employer.
c. If the Nurse / Midwife Caregiver is rostered to work their ordinary hours of work on Sundays and/or public holidays is entitled to additional paid leave ("counter leave") per annum as follows: provided that a Nurse / Midwife Caregiver may elect to be paid, when proceeding on annual leave, an amount equivalent to the value of their additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the Nurse / Midwife Caregiver at the commencement of each year of service. Annual Leave will accumulate at employment and is irrevocable during the rate currency of one third of a week per month that year of employment.
d. Direction to Take Annual Leave
i. Annual leave must be taken within 18 months following the date of accrual.
ii. The Employer may direct the Nurse / Midwife Caregiver to take a period of annual leave provided that the Employer must first meet with the Nurse / Midwife Caregiver to genuinely attempt to agree on ways to reduce the amount of untaken accrued leave.
iii. If agreement cannot be reached, an Employer can then give a written direction to a Nurse / Midwife Caregiver to take a period (or periods) of annual leave, subject to the following requirements:
(a) The direction must be in writing and must not result in the Nurse / Midwife Caregiver retaining less than the Nurse / Midwife Caregiver’s annual entitlement after the directed annual leave is taken. For example, a Nurse / Midwife Caregiver who is entitled to 4 weeks annual leave, with a balance of 6 weeks, may be directed to take up to 2 weeks. A Nurse / Midwife Caregiver who is entitled to 4 weeks annual leave and 1 week additional annual leave for working Sundays and/or Public Holidays, with a balance of 7.5 weeks, may be directed to take up to 2.5 weeks.
(b) After six weeks The Nurse / Midwife Caregiver cannot be directed to take any period of employment, an employee may apply for accrued Annual Leave pro rataleave of less than one week;
(c) The employee must formally seek approval from leave cannot commence less than 4 weeks or more than 12 months after the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs date of the Centre.direction; and
(d) Any public holiday during an employee’s Annual Leave will The direction cannot otherwise be counted and paid inconsistent with any leave arrangements already in place, such as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.leave already agreed to;
(e) Annual Leave should not be accumulated beyond After a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leavedirection is given, the Centre may consult the employee about Nurse / Midwife Caregiver can still request a suitable time to take such Annual Leave. An employee will not forfeit any period of annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of as if the direction being givenhad not been made. If this happens, the Employer cannot unreasonably refuse this request.
(f) Annual Leave The direction will not be paid unless the employee takes the corresponding automatically deemed withdrawn where a separate period of absence from workannual leave is agreed after a direction is made, except at if the end period of leave would then result in the Nurse / Midwife Caregiver’s remaining annual leave entitlement falling below the threshold specified in (iii)(a) above. Notwithstanding the above, the Employer may also direct a Nurse / Midwife Caregiver to take annual leave during a period of low patient activity or in the event of an employee’s employment, when emergency affecting continuity of hospital operation.
e. Cashing out Annual Leave
i. Upon request by the employee Nurse / Midwife Caregiver annual leave credited may be cashed out as per the NES and is entitled subject to payment as set out in subclause 34 (g)the following conditions.
(ga) When the Nurse / Midwife Caregiver must elect in writing to receive pay in lieu of an employee finishes employment they will amount of annual leave;
(b) the Nurse / Midwife Caregiver must be paid all accrued Annual Leave plus any leave loading owing in at least the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on full amount that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled payable to sick the Nurse / Midwife Caregiver had the Nurse / Midwife Caregiver taken the leave but for being on Annual Leave including annual leave loading that the Nurse / Midwife Caregiver has foregone; and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(jc) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of Nurse / Midwife Caregiver’s remaining accrued annual leave that has yet to accrueentitlement is at least four weeks.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Annual Leave. (a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.Does Not Apply to Casuals
(b) After six A period of four weeks (152 hours) paid leave will be allowed annually to full-time employees. Annual leave will accrue per month. Part-time employees shall be entitled to annual leave on a pro-rata basis. Part- time employees’ annual leave shall be based on the ordinary hours worked during the previous month inclusive of employment, an employee may apply for accrued Annual Leave pro rataany hours worked as additional hours under clause 9(d).
(c) The employee must formally seek approval taking of annual leave will be by mutual agreement, within a period not exceeding twelve months from the Centre date it becomes due. A period of four weeks (152 hours) notice shall apply for the taking of annual leave and that has become due or accrued. Under no circumstances shall an employee forfeit their annual leave entitlement. If the Centre will consult other employees employee has extensive accumulated annual leave (i.e. 8 weeks) the Company may require the employee to check that take 25% of his or her accumulated annual leave at any one time by giving the leave is consistent with the needs of the Centreemployee 4 weeks’ notice.
(d) Any public holiday during Annual leave may be taken in single days at the request of an employee, but subject to the Company’s operational requirements.
(e) Annual Leave leave shall be taken at a time mutually agreed upon by Xxx Xxxxxx’x and the employee and can be taken in either a continuous period or in separate periods.
(f) If the employee and Xxx Xxxxxx’x agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.
(g) An employee before going on accrued annual leave, will be counted and paid as suchthe amount of wages they would have received in respect of the period of annual leave had they been working plus a loading of 17.5% on the ordinary time rate of pay.
(h) Payment will not be made in lieu of annual leave.
(i) Where any public holiday, and not as Annual Leave, if for which the employee would otherwise have been is entitled to payment under this Agreement occurs during any period of annual leave taken by an employee under this clause, the period of the leave shall be increased by one day in respect of that public holiday.
(ej) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any employee’s accrued but un-taken annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless the employee takes the corresponding period out upon termination of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they . Payment will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of include 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedloading.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee 22.1 The parties recognise the importance of maintaining work and life balance for each Employee and believe it is important for Employees to take annual leave each year to enable the Employee to have a rest from their work activities.
22.2 Employees accrue four weeks’ annual leave on a pro-rata basis for each completed 12 month period of continuous service. Annual leave is accrued progressively during a year of service.
22.3 Seven day Shift Workers, that is Shift Workers who are rostered to work regularly on Sundays and public holidays for a complete year, shall also be allowed seven consecutive days’ leave, including non-working days.
22.4 A shiftworker for the purposes of the NES is entitled to four weeks Annual Leave in 5 weeks’ annual leave for each year of serviceservice (inclusive of the four weeks’ annual leave referred to above). Annual Leave will accumulate at A shift worker for the rate purposes of one third of the NES is a week per month of employmentshift worker rostered to work regularly on Sundays and public holidays.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. 22.5 An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee Employee is entitled to payment as set out in subclause 34 (g).
(g) When take an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave during a particular period if at least that amount has yet to accruebeen accrued by the Employee and it is authorised by their Employer. An Employer will not unreasonably refuse or revoke authorisation.
(k) The provisions 22.6 An Employer may allow an Employee to take annual leave either wholly or partly in advance of the Annual Xxxxxxxx Xxx 0000 also applydue date. In such a case, further leave entitlements shall not commence to accrue until continuous service covering the period of leave in advance has been completed by the Employee. Where annual leave has been granted in advance and the Employee’s services are subsequently terminated prior to the completion of a period of leave concerned, the net excess paid by the Employer for such leave shall be deductible by the Employer from termination moneys payable to the Employee.
22.7 An Employee can be directed by his or her Employer to take an amount of accrued annual leave, provided that the direction is reasonable. Under normal circumstances, leave balances should not exceed 380 hours for shift workers, or 304 hours for day workers.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is The Employer’s annual leave year will run from 1st April to 31st March. The Employee will be entitled to four weeks Annual Leave 26 days annual leave in their first full year of employment under this Agreement. Thereafter, the Employee will receive an additional one day’s annual leave each year for five years, culminating in the Employee holding an annual leave entitlement of 31 days after five completed, continuous years’ service. Annual Leave The Employee will accumulate also be entitled to the customary eight national public holidays per calendar year, and an additional three statutory days between Christmas and New Year (known as “privilege days”). At the discretion of the Employer, the Employee may take these privilege days at another time after this period in lieu of them being taken between Christmas and New Year. The times and dates for any annual leave taken by the rate Employee will be determined by mutual agreement between the Employer and the Employee. However, the Employer reserves the right to deny any holiday request for business reasons. The Employee is required to give double the notice of annual leave required (e.g. two days’ notice for one third day’s leave, two weeks’ notice for one week’s leave). No more than two weeks’ continuous annual leave can be taken without prior written permission from the Employer. Upon termination of a week per month employment under this Agreement, the Employer will pay compensation to the Employee for any accrued but unused annual leave. If, upon the termination of employment.
(b) After six weeks of the Employee’s employment, they have taken annual leave in excess of their entitlement, the Employer may deduct from their final salary an employee amount equal to the gross salary paid to them in respect of such annual leave. The Employer reserves the right to require the Employee to take any unused annual leave during their notice period. The Employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond carry over a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leaveten days annual leave into the next annual leave year, at the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months discretion of the excess Employer. Any unused annual leave accruing (or over this maximum limit will be forfeited by the Employee at any time after this), to take the excess leave and to do so within six months beginning of the direction being given.
(f) Annual Leave will not be paid unless new annual leave year. Any changes to annual leave arrangements made by the employee takes NJC via the corresponding period of absence from work, except at Green Book which are an improvement on the end of an employee’s employment, when the employee is entitled to payment as annual leave arrangements set out in subclause 34 (g).
(g) When an employee finishes employment they herein will be paid all accrued Annual Leave plus any leave loading owing in honoured by the form of a lump sum payment at the time of leavingEmployer.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Employment Contract
Annual Leave. (a) An employee is Employee’s (excluding casual Employees) entitlement to leave Employees will be entitled to four weeks annual leave in respect of any 12 months service with the Employer. A shiftworker (as defined herein) will be entitled to five weeks annual leave for each 12 months service with the Employer. A shift worker for the purposes of the NES and this clause is an Employee who: works for more than four ordinary hours on 10 or more weekends during the yearly period in respect of which their annual leave accrues and is entitled to an additional week’s annual leave on the same terms and conditions. Counter Leave In addition to the annual leave entitlement set out at subclause (a)(i), full-time and part-time Employees: covered by the CatholicCare (Diocese of Maitland-Newcastle) Aged Care Enterprise Agreement 2008-2009 prior to this Agreement coming into operation as listed in Appendix 2; and who are rostered to work their ordinary hours on Sundays and/or public holidays during each 12-month period of continuous service; will be entitled to receive additional paid annual leave as follows: Sunday and/ or PH shifts Full-time Employee Additional Leave entitlement Part-time Employee Additional Leave entitlement 4 -10 shifts 1 day 0.2 weeks 11 -17 shifts 2 days 0.4 weeks 18 - 24 shifts 3 days 0.6 weeks 25 - 31 shifts 4 days 0.8 weeks 32 or more shifts 5 days 1 week Provided that any entitlement to additional annual leave for Employees set out above at (iii)(1)(A) will be in accordance with either: subclause (a)(iii)(1); or subclause (a)(ii); whichever gives the greater entitlement. Annual Leave in each leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate Employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks Employee taken to not be on paid annual leave at certain times If the period during which an Employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid annual leave on that public holiday. Where other periods of employmentleave occur (other than unpaid parental leave), an employee may apply or a period of absence from employment for accrued Annual Leave pro ratacommunity service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence. Where such absence is a personal leave absence the Employee will be required to supply a medical certificate to the Employer for the period of absence.
(c) The employee must formally seek approval from Effect of termination on annual leave On the Centre termination of their employment, an Employee will be paid for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centretheir accrued, untaken annual leave.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. Payment for leave An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they Employee will be paid all accrued Annual Leave plus any the amount of wages they would have received for ordinary time worked had they not been on leave loading owing in during that period. In addition to their ordinary pay, the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a Employee will be paid an annual leave loading of 17.5% of their ordinary pay. Shiftworkers, in addition to their ordinary pay, will be paid the gross salary higher of: an annual leave loading of 17.5% of their ordinary rate of pay; or the weekend and shift penalties the Employee would have received had they not been on leave during the relevant period.
(e) Time of taking leave Paid annual leave may be taken for a period agreed between an Employee and the period of Employer. The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. HoweverNotwithstanding the provisions of this clause (e)(i), where the Centre has allowed Employer may direct an employee Employee to anticipate future leave credits, leave loading will not be paid on that portion take a period of annual leave until in accordance with clause (e)(ii). Annual leave shall be given at a time fixed by the Employer after an Employee has accrued more than 8 weeks paid annual leave (or 10 weeks paid leave for a shiftworker – as defined at clause 25(a)(ii)) and after not less than eight weeks’ and not more than 12 months’ notice to the employee, provided: the Employee will first be given a reasonable opportunity to submit a plan to reduce their total annual leave accrued balance to not more than six weeks within a period of six months (leave reduction plan); the Employer will not unreasonably refuse to agree to an Employee’s annual leave reduction plan which includes saving leave for an extended vacation within 12 months of the date of agreement to the leave credit reduction plan. The agreement is to be in writing and signed by both the Employer and Employee. the Employee cannot be directed to take annual leave where such direction would otherwise have accruedresult in the Employee being directed to reduce the accrued leave to less than 6 weeks.
(if) Pay in lieu of an amount of annual leave The Employer and Employee will enter into a separate written agreement for each cashing out of a particular amount of annual leave, subject to the following: Paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and Where an employee would have been Employee forgoes an entitlement to take an amount of annual leave, the Employer will pay the Employee the amount of pay that the Employee is entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period receive in lieu of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave, plus leave loading that has yet to accruewould otherwise have been payable.
(kg) The provisions Payment of annual leave on termination On the Annual Xxxxxxxx Xxx 0000 also applytermination of their employment, an Employee will be paid their untaken or pro-rata annual leave. If, when the employment of an Employee ends, the Employee has a period of untaken paid annual leave, the Employer will pay the Employee the amount that would have been payable to the Employee had the employee taken that period of leave.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (ai) An employee is All employees (not being casual) shall on the completion of 12 months service be entitled to 4 weeks leave at the appropriate rate prescribed in clause 5 Wages, and such leave shall carry a loading of 17.5%.
(ii) All employees (not being casual) shall complete a period of twelve (12) months’ service from the day of commencement of their service before being eligible to take leave. Such leave to be taken before the end of the financial year in which the leave became due or may be carried forward in special circumstances with the approval of the Chairman of the Committee.
(iii) Part time employees shall be entitled to four weeks Annual Leave annual leave for each period of 12 months continuous service completed on the following basis: Staff Employed Under the Parliament (Joint Services) Act 1985 Enterprise Agreement 2010 Where the average number of ordinary hours worked per week in each year the preceding 12 months were: The annual leave hours to be paid for shall be:
(a) The annual leave prescribed by this subclause shall be exclusive of serviceany holiday prescribed in this agreement and if such holiday falls within a part-time employee’s annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period the number of hours which such employee but for the absence on annual leave, would normally have been required to work on such holiday. Annual Leave will accumulate Where such holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall lie upon the employee, to attend for work at the rate employees ordinary starting time on the employees usual working day immediately following the last day of one third the period of a week per month of employmentthe employees leave, the employee shall not be entitled to be paid for any such holiday.
(b) After six weeks of employment, an A part-time employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for before going on leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless the employee takes the corresponding period such wages as are payable in respect of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leaveleave due to and being taken by the employee (including any period added by virtue of placitum (ii) of this subclause). However, where For the Centre has allowed an employee to anticipate future leave credits, leave loading will not purpose of this subclause wages shall be paid on that portion of annual leave until at the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity hourly equivalent of the employee, Annual Leave is rate prescribed by clause 5 hereof for the occupation for which such employee was ordinarily engaged immediately prior to be recredited and sick the commencement of his leave debited insteador the termination of his employment as the case may be.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. Employees are entitled to 20 ordinary paid days (152 hours or 4 weeks) of annual leave per year. Annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. Part-time Employees will accrue annual leave on a pro-rata basis based on the average ordinary hours worked per week. If you are a continuous shift worker, you will be entitled to an additional 5 ordinary days (1 additional week) of paid annual leave. This additional week of leave accrues from year to year. For the purpose of the NES and the additional week of Annual Leave, a continuous shift worker is an employee who:
(a) An employee is entitled works a roster and who, over the roster cycle, may be rostered to four weeks Annual Leave in each year work ordinary time shifts on any of service. Annual Leave will accumulate at the rate seven days of one third of a week per month of employment.the week; and
(b) After six weeks is regularly rostered to work on Sundays and public holidays. Employees may be required to take a nominated period of employmentannual leave due to a partial or complete shutdown of our business. Should you have any questions or concerns, an employee you should speak with your manager as soon as possible. In the event of a Christmas Shutdown (between Christmas and New Year). Annual leave will be taken at times agreed between Employees and us. In the absence of agreement, we may apply for accrued direct Employees to take leave in accordance with the provisions of the Act. It is expected that Employees will take their annual leave entitlement [e.g., 20 days] within the 12 months immediately after it becomes available. Arrangements and programming of leave should be organized through your manager as early as possible to avoid disappointment and allow the business to ensure all employees have the chance to secure leave dates that suit them. Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with payable at the needs Employee’s ordinary rate of pay for the Centre.
(d) Any number of ordinary hours they would have worked during the period of annual leave. Annual leave hours paid will be deducted from their accrued entitlement. If public holiday falls during an employee’s Annual Leave will be counted your leave period and paid as such, and not as Annual Leave, if the employee you would otherwise have normally been entitled rostered to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they work you will be paid all the public holiday and you may extend your leave by the day(s) or reduce the day(s) taken. Any annual leave accrued Annual Leave plus any leave loading owing in the form of a lump sum payment but not taken at the time of leaving.
(h) The rate of pay for Annual Leave is termination, will be paid out at the ordinary rate of salary plus a leave loading of 17.5% time of the gross salary for final pay run at the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date rate applicable had you taken the leave credit would otherwise have accruedowing.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Employees are entitled to four weeks Annual Leave accrue annual leave in each year of service. Annual Leave will accumulate accordance with the WR Act, at the rate of one third 1/13 of a the number of ordinary hours worked during each four (4) week period (equivalent to four (4) weeks per month annum or 150 ordinary hours). Annual leave is accrued for each completed four (4) week period of employmentcontinuous service with the Employer and credited monthly.
(b) After six weeks Time not worked due to annual leave, sick/carer’s leave, compassionate/ bereavement leave, jury service and public holidays will count as continuous service for the purpose of employment, an employee may apply for accrued Annual Leave pro ratathis clause.
(c) The employee must formally seek approval from Annual leave will be granted and taken at a time agreed between the Centre for leave Employer and the Centre will consult other employees Employee. If an Employee accumulates more than 40 days of annual leave the Company may direct you to check that the leave is consistent with the needs of the Centretake annual leave.
(d) Any public holiday during an employee’s Annual Leave will be counted leave loading is incorporated into the annual salary and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless separately or shown as a separate figure on payslips.
e) Accrued annual leave entitlements should not exceed 40 days at any time. Leave should be taken within twelve (12) months of falling due, at a mutually convenient time agreed between the employee takes Employee and the corresponding manager. If agreement is not reached, the leave will be taken as directed by the Employer provided at least two (2) months notice is given of the date upon which the leave is to commence.
f) Payment in lieu of leave (i.e. cashing out) is not normally permitted, except on termination or transfer to another business unit. In extraordinary circumstances (eg: accrual above 300 hours, financial hardship), an Employee may request to cash-out up to two (2) weeks of their fully accrued annual leave entitlement every twelve (12) months.
g) A “Leave Application” must be completed, approved by the manager/supervisor and forwarded to the Human Resources Department prior to any annual leave being taken.
h) The annual leave prescribed by this clause is exclusive of any of the gazetted public holidays. If a public holiday falls within an Employee's period of absence annual leave and is observed on a day which in the case of that Employee would have been an ordinary working day the day’s leave will be re-added back onto the leave balance of the Employee.
i) Annual leave may be granted in advance at a Manager’s discretion as long as the Employee has a pro-rata entitlement equal to the amount of leave for which the Employee has applied.
j) In exceptional circumstances, if the Employee does not have sufficient accrual of annual leave, and taking into account consideration of the business needs, leave without pay may be granted on approval from work, the Human Resources Department. Application for leave without pay is required 90 days prior to the leave being taken (except at the end of an employee’s employment, when the employee is entitled to payment as set out for in subclause 34 (gemergency circumstances).
k) An Employee may elect, with the consent of the Employer to take annual leave in single day periods or part of a single day not exceeding a total of ten (g10) days in any calendar year at a time agreed between them.
l) When an employee finishes employment they annual leave and long service leave are taken during the same leave period, annual leave entitlements will be paid all accrued Annual Leave plus any leave loading owing in deducted from the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre entitlement before the long service leave entitlement is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accruededucted.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. Employees are entitled to annual leave in accordance with the National Employment Standard (NES) In summary the NES provides for:
a) An employee For each year of completed service with the Company Employees are entitled to:
(i) Four (4) weeks of paid annual leave; or
(ii) Five (5) weeks of paid annual leave for an Employee deemed to be a 'shift worker" in accordance with the Fair Work Act 2009. For the purposes of this clause and the NES, a "shift worker” is defined as a seven-day shift-worker who is regularly rostered to work on Sundays and public holidays.
b) Annual leave accrues on a progressive basis but does not accrue during any period of unauthorised absence, unpaid leave, or unpaid authorised absence (other than community service leave or period of stand down).
c) Any untaken leave in one year accumulates to the next year. Untaken annual leave is paid out on termination at the amount that the Employee would have received had they taken the leave,
d) Where an Employee is entitled to four weeks Annual Leave in each year a public holiday, or other period of service. Annual Leave will accumulate at leave under the rate NES (other than unpaid parental leave), which falls during a period of one third of a week per month of employment.
annual leave that day (bor part day) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs shall not be part of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of annual leave. Whilst on annual leave an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they Employee will be paid all the ordinary wage for the thirty-eight (38) ordinary hours that the Employee would have received in respect of the ordinary time the Employee would have worked, had the Employee not been on annual leave during the relevant period, plus a loading of 17.5% The ordinary rate includes the hourly rate and any leading hand allowance. All untaken accrued Annual Leave plus any annual leave loading owing in the form of a lump sum payment shall be paid out at the time of leaving.
(h) The rate termination of pay for Annual Leave is employment at the ordinary rate of salary pay plus a the applicable leave loading of 17.5% of loading. Annual leave may be taken by agreement between the gross salary for Employee and the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave creditsCompany, provided that the Company will not unreasonably refuse a request to take accrued annual leave. The Company may direct an Employee to take leave where it shuts down all or part of the business by giving 1 month's notice. Provided that if an employee leaves Employee does not have sufficient accrued leave, he/she may be required to take leave without pay. By written agreement with the Centre before the leave is accruedCompany, the employee will reimburse the Centre the amount an Employee may elect to cash out part of his/her accrued annual leave entitlement in accordance with the NES (which currently provides that has yet to accrue.
(k) the Employee must maintain a minimum of 4 weeks accrued leave), The provisions of the Annual Xxxxxxxx Xxx 0000 also applythis clause shall not apply to casual Employees.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. a. Full-Time shiftworker Nurse / Midwife Caregivers are entitled to six weeks annual leave per annum.
b. Part-Time shiftworker Nurse / Midwife Caregivers are entitled to four weeks annual leave per annum.
c. Shiftworkers are entitled to an additional week of annual leave. For the purpose of the additional week of annual leave provided by the NES, a shiftworker is defined as: a Nurse / Midwife Caregiver who is not a Day Worker as defined in Section B Definitions of this Agreement.
d. All other Nurse / Midwife Caregivers are entitled to four weeks annual leave to be taken at a time that is mutually agreeable between the Nurse / Midwife Caregiver and the Employer.
e. If the Nurse / Midwife Caregiver is rostered to work their ordinary hours of work on Sundays and/or public holidays is entitled to additional paid leave ("counter leave") per annum as follows: provided that a Nurse / Midwife Caregiver may elect to be paid, when proceeding on annual leave, an amount equivalent to the value of their additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the Nurse / Midwife Caregiver at the commencement of each year of employment and is irrevocable during the currency of that year of employment.
f. Further, provided that where a Nurse / Midwife Caregiver qualifies for additional annual leave under subclauses (c) and (e), no more than one weeks additional annual leave shall accrue.
g. Direction to Take Annual Leave
i. Annual leave must be taken within 18 months following the date of accrual.
ii. The Employer may direct the Nurse / Midwife Caregiver to take a period of annual leave provided that the Employer must first meet with the Nurse / Midwife Caregiver to genuinely attempt to agree on ways to reduce the amount of untaken accrued leave.
iii. If agreement cannot be reached, an Employer can then give a written direction to a Nurse / Midwife Caregiver to take a period (or periods) of annual leave, subject to the following requirements:
(a) An employee The direction must be in writing and must not result in the Nurse / Midwife Caregiver retaining less than the Nurse / Midwife Caregiver’s annual entitlement after the directed annual leave is taken. For example, a Nurse / Midwife Caregiver who is entitled to four weeks Annual Leave in each year annual leave, with a balance of servicesix weeks, may be directed to take up to two weeks. Annual Leave will accumulate at the rate A Nurse / Midwife Caregiver who is entitled to four weeks annual leave and one week additional annual leave for working Sundays and/or Public Holidays, with a balance of one third of a week per month of employmentseven and one-half weeks, may be directed to take up to two and one-half weeks.
(b) After six weeks The Nurse / Midwife Caregiver cannot be directed to take any period of employment, an employee may apply for accrued Annual Leave pro rataleave of less than one week;
(c) The employee must formally seek approval from leave cannot commence less than four weeks or more than 12 months after the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs date of the Centre.direction; and
(d) Any public holiday during an employee’s Annual Leave will The direction cannot otherwise be counted and paid inconsistent with any leave arrangements already in place, such as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayleave already agreed to.
(e) Annual Leave should not be accumulated beyond After a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leavedirection is given, the Centre may consult the employee about Nurse / Midwife Caregiver can still request a suitable time to take such Annual Leave. An employee will not forfeit any period of annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of as if the direction being givenhad not been made. If this happens, the Employer cannot unreasonably refuse this request.
(f) Annual Leave The direction will not be paid unless the employee takes the corresponding automatically deemed withdrawn where a separate period of absence from workannual leave is agreed after a direction is made, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for if the period of leave would then result in the Nurse / Midwife Caregiver’s remaining annual leave entitlement falling below the threshold specified in (iii)(a) above. Notwithstanding the above, the Employer may also direct a Nurse / Midwife Caregiver to take annual leave during a period of low patient activity or in the event of an emergency affecting continuity of hospital operation.
h. Cashing out Annual Leave
i. Upon request by the Nurse / Midwife Caregiver annual leave credited may be cashed out as per the NES and is subject to the following conditions:
(a) the Nurse / Midwife Caregiver must elect in writing to receive pay in lieu of an amount of annual leave. However, where ;
(b) the Centre has allowed an employee to anticipate future leave credits, leave loading will not Nurse / Midwife Caregiver must be paid on at least the full amount that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled payable to sick the Nurse / Midwife Caregiver had the Nurse / Midwife Caregiver taken the leave but for being on Annual Leave including annual leave loading that the Nurse / Midwife Caregiver has foregone; and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(jc) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of Nurse / Midwife Caregiver’s remaining accrued annual leave that has yet to accrueentitlement is at least four weeks.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee Annual leave is provided for by the NES and will be taken each year as far as possible within six months of accruing or during planned shutdowns, including where scheduled shutdowns occur at Christmas or at other times during the year.
(b) In summary: an Employee (other than a casual) is entitled to four weeks Annual Leave in each of annual leave per year of serviceservice with the Employer, calculated in accordance with the Employee’s Ordinary Hours of Work. Annual Leave will accumulate at leave accrues progressively during a year of service according to an the rate Employee’s Ordinary Hours of one third of a week per month of employmentWork, and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from Employees engaged on Continuous Shiftwork for the Centre purposes of the NES (where work on a Sunday and Public Holiday is regularly rostered), will receive one week’s additional annual leave for leave and the Centre will consult other employees to check that the each completed year of Continuous Shiftwork or pro- rata for a lesser period. Annual leave is consistent with the needs of the Centrecumulative.
(d) Any public holiday during an employee’s Annual Leave will requests for annual leave (other than leave as provided at clause 26.1(e)) must be counted and paid as suchmade to, and approved by a nominated representative of the Employer four weeks in advance, or in accordance with the Employer’s leave policy as amended from time to time (the leave policy does not as Annual Leaveform part of this Agreement). In assessing requests for leave, if both parties will have regard to the employee would otherwise have been entitled to that public holidayfluctuating demands of the business and the family responsibilities of the Employee.
(e) Annual Leave should not be accumulated beyond a maximum Employees may request that up to one week per year of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any their annual leave entitlement accrued above six be taken as single days. Leave requested under this provision may be requested on the giving of one weeks, however ’ notice to the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenEmployer.
(f) Annual Leave will not The Employee, before going on leave, shall be paid unless remunerated for the employee takes the corresponding period of absence from work, except leave unless alternative pay arrangements are agreed. This shall be at the end ordinary Hourly Rate, applicable for the classification in which the Employee was ordinarily employed immediately prior to the commencement of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).leave. Enterprise agreement 26 Draft Oct 2024
(g) When In addition to sub-paragraph 26.1(f) and where the Employee has an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in entitlement to take annual leave, the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a Employee shall receive an annual leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future their Hourly Rate.
(h) An Employee who would have worked on shiftwork had they not been on leave credits, leave loading will not must be paid on that portion a loading equal to 17.5% of annual leave until the date Hourly Rate, or the leave credit would otherwise have accruedshift loading payable under clause 15 including relevant weekend penalty rates, whichever is the greater but not both.
(i) Where an employee would have been entitled Employee has an excessive accrual of annual leave, the Employer may direct the Employee to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with take a medical certificate stating the period of incapacity of leave subject to the employee, Annual Leave is to be recredited and sick leave debited insteadNES.
(j) The Centre may in appropriate circumstances allow an employee Where any Public Holiday for which the Employee is entitled to anticipate future payment under this Agreement occurs during any period of leave creditstaken by the Employee under this clause, provided that where an employee leaves the Centre before period of the leave is accrued, the employee will reimburse the Centre the amount shall be increased by one day in respect of annual leave that has yet to accruePublic Holiday.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also applyAccrued but untaken annual leave, including annual leave loading, is payable in all circumstances upon termination.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled The City shall provide annual leave benefits to four weeks Annual Leave Association employees as follows:
i. Full-time regular Association employees shall accrue annual leave for each biweekly period upon years of service as set forth in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.following table: For 24 Hour Shift Employees Only: Greater than 10 20.23 1051.89 Greater than 15 20.79 1081.08
(b) After six weeks of employment, an employee The City Manager may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from waive the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet authorized to accruebe carried forward under extraordinary circumstances, subject to such conditions as the City Manager may deem appropriate.
(kc) Except as provided in section 12(b) above, if an Association employee accrues the maximum level of annual leave, such employee shall no longer be, entitled to accrue additional annual leave, until such time as the employee's accrued annual leave is below the applicable maximum.
d) An Association employee may redeem accrued annual leave for cash once during each calendar year by submitting a written request to the Director of Human Resources during the month of July or December according to the following table. The provisions payment shall be made based upon the employee's base rate of pay. Greater than 5 40 hours Greater than 10 80 hours Greater than 15 120 hours Greater than 20 160 hours
e) If an Association employee separates from service, the employee shall be paid for accrued annual leave at the employee's base rate of pay earned as of the Annual Xxxxxxxx Xxx 0000 also applyeffective date of separation from City service.
f) Sick leave and vacation leave benefits accrued by Association employees as of December 14, 2010, shall be addressed as follows:
i. Current sick leave accruals may be used to receive a leave of absence with pay for illnesses or-injuries of the employee under the same circumstance and with the same limitations as existed prior to December 14, 2010.
ii. Such current sick leave accruals may be used as donations to a sick leave bank established by City for another City employee.
iii. City will redeem fifty percent (50%) of such current unused unredeemed sick and one hundred percent (100%) of such current unused unredeemed vacation leave accruals not to exceed 600 hours for each account, upon separation from service to those employees with a minimum of five (5) years of regular full-time service, at time of separation, at the employee's base rate of pay being earned as of the effective date of separation from City service.
g) During their final three (3) years of employment prior to retirement from the City, the association employee may convert accrued but unused annual or vacation leave into a City-sponsored 457 deferred compensation plan. The amount of annual leave and/or vacation leave that may be transferred shall be limited to the contribution amounts set forth in the Internal Revenue Code (the "IRC"). It is the responsibility of each employee, not the City, to ensure compliance with any IRC contribution limits. An employee electing to transfer annual leave and/or vacation leave into the deferred compensation plan must enroll in the plan before any leave can be transferred. Employees must request a transfer using the City-approved form, which is available from the City's payroll department.
Appears in 1 contract
Samples: Memorandum of Understanding
Annual Leave. (a) An employee is All Employees (excluding Casual Employees) covered by this Agreement are entitled to four weeks Annual Leave 160 hours of annual leave per annum, unless otherwise provided in this clause.
(b) Employees who are Shift Workers for the purposes of the National Employment Standards are entitled to 200 hours of annual leave per annum. A “Shift Worker” for the purposes of the National Employment Standards, means an Employee who:
i. Works in an enterprise in which shifts are continuously rostered 24 hours 7 days per week; and
ii. Is regularly rostered to work those shifts; and
iii. Regularly works on Sundays and public holidays.
(c) An Employee’s full entitlement to annual leave for the year will be credited on 2 January each year or on a pro-rata basis for those Employees who commence employment after 2 January.
(d) There is no entitlement to accrue annual leave under this Agreement (and therefore be credited with annual leave) if the Employee:
i. Takes approved unpaid leave of servicegreater than 80 hours (except Community Service Leave, stand down or other leave or absence as prescribed by the Fair Work Regulations); or
ii. Annual Leave Takes unapproved leave of any duration.
(e) If an Employee takes leave of the type described in 5.1(d) above, the Employee’s credited annual leave balance will accumulate be adjusted downwards to account for the relevant period of leave that the Employee has taken. For example, if a Full-Time Employee takes three (3) months’ unpaid leave in a calendar year, their annual leave balance will be reduced by one week.
(f) Subject to clause 5.1(h) below, all Employees are expected to take annual leave at times which are mutually convenient to both the rate Employee and Employer, or when reasonably directed by the Employer.
(g) By the end of one third of December each year Employees are encouraged to have a week zero-leave balance.
(h) Employees are encouraged to take all their annual leave in the year in which they accrue.
(i) Part-Time Employees will be granted annual leave on a pro-rata basis as per month their core hours set out in their contract of employment.
(bj) After six weeks of employmentAn Employee may request in writing to cash out accrued annual leave which has been carried over under clause 5.1(h) or heritage leave (see clause 5.1(k) below), an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek with approval from Supervisor and Human Resources and to the Centre for extent permitted by law. A balance of 160 hours annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centremust be maintained when cashing out leave.
(dk) Any public holiday during Where an employeeEmployee has an excessive annual leave balance (more than 320 hours), the Employer may direct them to take leave. The Employer must provide at least four (4) weeks’ notice and it must not result in the Employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayannual leave balance falling below 240 hours.
(el) Annual Leave should Unless directed by the Employer, annual leave may not be accumulated beyond taken during a maximum period of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months notice of the excess leave accruing (resignation or at any time after this), to take the excess leave and to do so within six months termination of the direction being givenemployment.
(fm) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion as it is incorporated in the Employee’s hourly rate or annual salary.
(n) As a general rule, the Employer requires leave dates as soon as possible to assist in planning workloads and therefore, a minimum of four (4) weeks’ notice should be provided.
(o) Approval to take annual leave at a specific time will be subject to the needs of the business, seasonal demands, staff availability to provide satisfactory service to Customers and any specific projects or deadlines (i.e. month end, end of year).
(p) A Full-Time or Part-Time Employee who becomes ill during a period of annual leave until may claim personal leave (to the date the extent of personal leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick instead of annual leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity the illness. An Employee must provide a certificate from a qualified medical practitioner for the period of the employee, Annual Leave is illness in order to be recredited and sick leave debited insteadsubstitute the leave.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. (a) An employee Officers shall be entitled to five weeks' paid annual leave save that an Officer who is not required to work in excess of 38 hours a week (or 43 hours in the case of Registrars) throughout the year and who is not required to work and who does not work ordinary hours on more than ten weekends during the annual leave year shall be entitled to four weeks Annual Leave in each year of serviceweeks' annual leave. Annual Leave will accumulate at the rate of one third of A weekend shall be a week per month of employmentSaturday or Sunday or both.
(b) After six An Officer in the first year of experience as a Hospital Medical Officer may take up to four weeks of employmentleave, an employee as rostered by the Hospital after the initial three months of appointment, save that the Officer may apply for accrued Annual Leave pro ratatake all or part of such leave earlier provided that leave so taken is agreed to by the Officer and Hospital.
(c) The employee must formally seek approval from All other Officers may take annual leave either during or after the Centre for year in which their entitlement to leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centreaccrues.
(d) Any public holiday during an employee’s Annual Leave will may be counted and paid as such, and not as Annual Leave, if taken in several periods but on at least one occasion three weeks leave shall be taken at the employee would otherwise have been entitled to that public holidayone time.
(e) Annual Leave should not Except where the Officer otherwise agrees, annual leave shall be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so taken within six months from the time leave becomes due. The Hospital shall give the Officer at least four weeks' notice of the direction being givendate from which the annual leave (or part thereof) shall be taken.
(f) Annual Leave will not Xxxxx to going on leave Officers shall be paid unless their ordinary pay for the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)leave.
(g) When Where annual leave or part thereof has not been taken and an employee finishes employment they will Officer's appointment has terminated without reappointment to the same Hospital, the Officer shall on termination be paid all accrued Annual Leave plus any leave loading owing in lieu of the form untaken leave. Should such termination without reappointment occur otherwise than at the conclusion of a lump sum twelve month period, payment at the time of leavingshall be pro rata.
(h) The rate of pay Where an Officer becomes sick whilst on annual leave for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where not less than five days on which the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit Officer would otherwise have accruedworked, and forwards to the Hospital within seven days a certificate of a qualified medical practitioner, not being the Officer, then the number of days not less that five specified in the certificate shall be deducted from any sick leave entitlement standing to the Officer's credit, and shall be re-credited to the Officer's annual leave entitlement.
(i) Where an employee would have been entitled to sick leave but For the purposes of this clause "ordinary pay" shall mean the wages and allowances paid on the average for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period in which the Officer's annual leave or termination pay accrued, calculated as follows:
(i) If the Officer worked 60 hours or more the Officer shall be paid 38 hours at single time and 22 hours at time and a quarter based on the rates as set out in this agreement for each week of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadleave.
(jii) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves If the Centre before Officer worked less than 60 hours but at least 48 hours the leave is accrued, the employee will reimburse the Centre the amount Officer shall be paid 48 hours at single time for each week of annual leave that has yet to accrueleave.
(kiii) The provisions Otherwise, the Officer shall be paid at the rate of the Annual Xxxxxxxx Xxx 0000 also applysingle time for 38 hours for each week of leave. With respect to Registrars, Senior Registrars and Principal Registrars 38 hours and 22 hours shall be replaced by 43 hours and 17 hours respectively.
Appears in 1 contract
Samples: Multi Employer Certified Agreement
Annual Leave. 33.1 Full-time and part-time Employees will accrue and may take annual leave in accordance with the relevant provisions of the National Employment Standard.
33.2 In summary, the NES provides that:
(a1) An employee is entitled Employees may accrue up to four weeks Annual Leave in 152 hours (20 days) paid annual leave for each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.;
(b2) After six weeks of employment, an employee may apply for accrued Annual Leave pro ratauntaken annual leave accumulates;
(c3) The employee must formally seek approval from the Centre for Employees who work in a business that operates 24 hours seven days a week, and who are regularly rostered to work those shifts, and regularly work on Sundays and public holidays, will receive an additional week’s annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.each year;
(d4) Any public holiday annual leave not taken during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment out at the time of leavingtermination of employment; and
(5) annual leave is to be taken by agreement between an Employee and The Reject Shop.
33.3 A part-time Employee is entitled to pro-rata annual leave based on the average weekly hours worked over each 4 week cycle in the year that the leave accrued.
33.4 In addition, under this Agreement:
(1) The Reject Shop and an Employee may agree to the taking of any amount of annual leave wholly or partly in advance of the Employee becoming entitled to paid annual leave. In that case, the right to further annual leave shall not commence to accrue until the Employee has worked sufficient time to cover the leave taken in advance;
(2) The Reject Shop may direct an Employee to take accrued annual leave or by agreement annual leave in advance, if The Reject Shop closes down the part of the business in which the Employee works.
(h3) for the purposes of the National Employment Standard, a shift worker entitled to an extra week of annual leave, is an Employee that is employed in the enterprise in which shifts are continuously rostered 24 hours a day for seven days a week; and is regularly rostered to work those shifts; and regularly works on Sundays and public holidays.
(4) applications for annual leave may be reasonably refused by The Reject Shop in times of peak business. The Christmas period is generally a peak period of business for The Reject Shop and as such, applications for annual leave may be reasonably refused in this period. The month of June is generally not a peak period of business for The Reject Shop.
33.5 Where a full-time Employee has an accrued annual leave entitlement in excess of 152 hours (or pro-rata for part-time Employees), The Reject Shop may, at the request of the Employee, pay to the Employee an amount equal to the Employee’s ordinary rate of pay (inclusive of leave loading), up to a maximum of two weeks’ per annum for Annual Leave is a full-time Employee or a pro-rata amount for a part-time Employee, for his or her annual leave entitlement in excess of 152 hours and reduce the ordinary rate Employee’s annual leave entitlement accordingly. Payment in lieu of salary plus a taking annual leave will only be made if the Employee makes the request in writing and the Reject Shop authorises the request. A separate request must be made on each occasion.
33.6 Upon termination of employment for any reason, an Employee must be paid for all annual leave accrued.
33.7 Loading on annual leave
(1) an annual leave loading of 17.5% on the ordinary rate of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading pay will not be paid on that portion of for all annual leave until the date the leave credit would otherwise have accrued.
(i2) Where in the case of an employee Employee working on afternoon shift or night shift where the Employee would have received shift loadings had the Employee not been on annual leave and such loadings would have entitled such Employee to sick leave but for being on Annual Leave anda greater amount than the 17.5% loading, within three months an amended leave form is submitted with a medical certificate stating then the period of incapacity shift loadings shall be added to the Employee’s ordinary pay in lieu of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of 17.5% annual leave that has yet to accrueloading.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Distribution Agreement
Annual Leave. (a) An employee is Employees are entitled to four weeks Annual Leave in accrue an amount of paid annual leave, for each year completed 4 week period of service. Annual Leave will accumulate at continuous service with the rate Employer, of one third 1/13th of a the number of nominal hours worked by the Employee for the Employer during that 4 week per month of employmentperiod.
(b) After six weeks If a public holiday occurs during any period of employmentannual leave taken by an Employee, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs period of the Centre.
(d) Any public holiday during an employee’s Annual Leave will annual leave shall be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to increased by one day in respect of that public holiday.
(c) If an Employee and the Employer so agree, the annual leave may be taken wholly or partly in advance before the Employee has become entitled to the annual leave.
(d) Wherever practicable, Employees will submit a Leave Application form to Xxxxx’x at least one month prior to commencement date of holidays. Wherever practicable, Xxxxx’x shall notify each Employee within seven days of Xxxxx’x’x acceptance or rejection of the Leave Application
(e) Annual Leave should not At the end of each 12 months’ employment, a Full-time Employee will be accumulated beyond a maximum entitled to 4 weeks’ annual leave, exclusive of six weeksPublic Holidays. Where an employee has more than six weeks accumulated Annual Leave, the Centre The Employee and Xxxxx’x may consult the employee about a suitable time agree for annual leave to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months be taken in advance (in whole or in part) of the excess leave Employee accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givena full entitlement.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is Part-time Employees are entitled to payment as set out in subclause 34 (g)annual leave on a pro rated basis.
(g) When an employee finishes employment they The Employee will take annual leave no later than 6 months after he or she becomes entitled to annual leave in each year. If Xxxxx’x and the Employee cannot agree on a time for this taking of leave, Xxxxx’x may direct the Employee to take leave by giving the Employee at least 14 days’ notice of the date from which the leave is to be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leavingtaken.
(h) The rate of pay for Annual Leave is Employees will continue to receive the ordinary rate of annual salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion during periods of annual leave until the date the leave credit would otherwise have accruedleave.
(i) Where an employee would have been entitled Upon termination of employment, accrued annual leave entitlements will be paid out to sick leave but for being the Employee based on Annual Leave andannual salary, within three months an amended leave form is submitted along with a medical certificate stating the period of incapacity pro rata payment equal to one twelfth of the employee, Annual Leave is to be recredited and sick leave debited insteadamount of salary paid for the incomplete year of service.
(j) The Centre may in appropriate circumstances allow an employee This clause does not apply to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrueCasual Employees.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Workplace Agreement
Annual Leave. (a) Office Based Public Service Employees
1. It is the responsibility of each employee to ensure that prior approval is obtained before proceeding on leave. Proceeding on leave without prior approval will be deemed to be unauthorized and covered by the granting of leave without pay apart from any disciplinary action that may be instituted.
2. This category of employees will accrue 22 working days leave with full pay per annual leave cycle i.e. from 1 January to 31 December of each year except for employees appointed after 1 January of each year and casual employees. An employee’s pro-rata annual leave entitlement will only be in respect of the full calendar month that the employee served in that year. For example, an employee appointed on 12 March will only be entitled to pro rata leave with effect from 1 April. After completion of 10 year uninterrupted service, the leave entitlement will increase to 26 working days with full pay per annual leave cycle.
3. For every 15 consecutive days’ leave taken without pay, the employee’s annual leave entitlement shall be reduced by one- twelfth. In this regard it must be noted that the reduction is in respect of annual leave entitlement and not in respect of a month’s entitlement. It follows therefore that if an employee is entitled on unpaid leave from 19 March 2001 to four weeks Annual Leave 2 April 2001 (15 days) the employee’s leave entitlement must be reduced by one-twelfth.
4. The contract in each year respect of servicetemporary employees must make provision for leave entitlement that are in line with the provisions of the leave directives. It should, however, be noted that temporary employees’ leave entitlements should be calculated on a pro rata basis.
5. At least 10 working days must be taken as leave days during the annual leave cycle and this is a compulsory requirement. Annual Leave leave should, as far as possible, be taken as consecutive working days.
6. The remaining leave days, if any, must be taken by no later than 6 months after the expiry of the relevant leave cycle (30 June of the year following the leave cycle), where after, unused leave credits shall be forfeited.
7. It is the responsibility of the supervisor to ensure that all employees under his/ her control utilize their leave entitlement in terms of the annual leave measures prescribed herein.
8. The supervisor shall not unreasonably refuse to grant leave to supervisees who apply for leave and in this regard it must be noted that it is not the intention of the Department to pay out any leave days whatsoever and that all attempts must be made to grant leave applied for in term of the entitlement. The refusal of leave must be based only on service delivery requirements.
9. In instances where the supervisor is unable to grant the leave applied for due to service delivery requirements, the supervisor after consultation with the supervisee must endeavor to reschedule his/her leave taking within the prescribed 18-month period and this must be conveyed to the supervisee in writing by the supervisor.
10. In instances where it is not possible to reschedule or grant the leave within the prescribed 18-month period, the supervisor must submit the application together with reasons substantiating the refusal of the leave to the Head of Department or his/her delegate for a decision. Should it be decided that the leave cannot be granted, such a decision together with reasons must be conveyed in writing to the supervisee concerned.
11. If, due to the employer’s service delivery requirements an employee’s application for leave is denied and not rescheduled, such leave will accumulate upon request, be paid out to the employee at the rate end of one third the prescribed 18-month period. The employee’s requests for payment of a week per month of employment.unused leave credits must be:
(a) in writing; and
(b) After six weeks accompanied by written proof of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from refusal of leave by the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs Head of the CentreDepartment or his/her delegate.
(d) Any public holiday during an employee’s Annual Leave will 12. The cash value in respect of unused annual leave credits shall be counted and payable at termination of service. For purposes of leave payouts, employees shall be paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given22 days.
(f) Annual Leave will not be paid unless the employee takes the corresponding period 13. Heads of absence from workDepartment must, except at the end of an employeethe relevant 18 month’s employmentperiod, when report to the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in relevant legislature on the form number of a lump sum payment at the time of leaving.
(h) The rate of pay employees denied annual leave, reasons for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited such denial and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accruepaid in this regard.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Leave Policy
Annual Leave. Section 1. Annual leave encompasses a broad range of several types of leave which had been known as vacation, personal, and religious leave in prior Agreements. Annual leave may be taken by the employee for any purpose, including vacation, personal matters which require the employee's absence during working hours, religious observance, or death of a friend or relative for which bereavement leave is unavailable.
(a) An Except as otherwise provided in subsection (b), an employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate shall accrue annual leave at the rate following rate: Less than one year- Three hours Between one and two years- Four-and-one-half hours Between two and four years- Five-and-one-half hours Between four and six years- Six-and-one-half hours Six years or more- Seven-and-one-half hours
(b) Part-time employees shall accrue annual leave on a pro rata basis pursuant to the formula set forth in subsection (a) according to the number of one third hours of working time during the preceding pay period.
Section 3. For purposes of accruing annual leave under Section 2, a week maximum of seventy-five (75) hours shall be counted as working time during any single pay period. Unpaid leaves of absence, time spent on leave advanced pursuant to Section 6 of Part B of this Article, and time spent on layoff in excess of four consecutive weeks shall not be counted as working time.
(a) Annual leave may not be accrued in excess of 300 hours per month calendar year. Employees have until the expiration of employmentthe Agreement to use their annual leave in excess of 300 hours. Any annual leave that is not used within the aforesaid time period shall be lost, provided that if NEA does not permit an employee to take his/her annual leave within said period, the period during which he/she may take such annual leave shall be extended by NEA as may be necessary to allow for its use.
(b) After six weeks of employmentAt the employee’s option, an in November 2012, the employee may apply for cash-in up to one hundred-twenty (120) hours of accrued Annual Leave pro rataannual leave at seventy-five percent (75%) of the employee’s regular hourly rate of pay. At the employee’s option, in November 2013 and November 2014, the employee may cash-in up to seventy- five (75) hours of accrued annual leave at fifty percent (50%) of the employee’s regular hourly rate of pay.
(c) The Time spent on leaves of absence shall not be counted in computing the time period during which an employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centreuse his/her accrued annual leave.
(d) Any public holiday during An employee shall not receive pay in lieu of annual leave as long as he/she remains in the employ of NEA except as otherwise provided in Section 4(b).
(a) Except in case of emergency, an employee shall notify his/her supervisor reasonably in advance of the planned use of annual leave. Except as otherwise provided in Section 6, the supervisor will make his/her best effort to schedule an employee’s Annual Leave will 's annual leave at the time requested, provided that NEA reserves the right to make the final decision in this regard. NEA shall respond to requests for annual leave in a timely manner, in no event later than fourteen (14) calendar days from the date upon which a particular request is made.
(b) Once annual leave has been scheduled, it may thereafter be counted changed by NEA only if necessary to meet unforeseen operating requirements and paid as suchthen only with the approval of the Executive Director or his/her designee. If NEA makes such a change, and not as Annual Leave, if it shall reimburse the employee would otherwise have been entitled to that public holidayfor any deposits or other similar out-of-pocket losses necessarily sustained by him/her as a result thereof.
(c) An employee traveling on official NEA business may, with reasonable notice and the advance approval of NEA, schedule his/her annual leave before or after such business.
(d) Annual leave shall not be taken in segments of less than one- half day, except with the specific advance approval of the employee's immediate supervisor.
(e) Annual Leave should not be accumulated beyond a maximum leave shall accrue from an employee's most recent date of six weeks. Where hire, and an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time shall be eligible to take use such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenas earned.
(f) Annual Leave will not be paid unless the An employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of may use annual leave until the date the leave credit would otherwise have accrued.in place of medical leave, provided he/she:
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity provides required advance notice;
(ii) notifies NEA of the employee, Annual Leave is type of leave to be recredited and sick leave debited insteadused; and
(iii) uses the appropriate code on the Daily Activity Report.
(ja) The Centre NEA reserves the right to "close down" all or any part of its operations for up to five (5) days each year in addition to the end-of-year closedown period provided for in subsection (d). Employees in the operations affected shall receive administrative leave for fifty percent (50%) of any such closedown period and shall take annual leave or compensatory time off, at their option, for the remaining fifty percent (50%). NEA may require particular individuals to work during all or any part of such a closedown when operational requirements make such work necessary. Fifty percent (50%) of any such time worked shall be considered work in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount lieu of annual leave that has yet to accrueand fifty percent (50%) percent shall be considered work in lieu of administrative leave.
(kb) The provisions Except in case of emergency, NEA shall give the Union at least thirty (30) calendar days advance notice of any proposed closedown other than the end-of-year closedown and shall afford the Union an opportunity to discuss the matter.
(c) Except in case of emergency, NEA shall give the employees to be affected by a closedown other than the end-of-year closedown at least twenty (20) calendar days advance notice.
(d) NEA will close down all of its operations beginning on December 24 of each year and continuing up to and including January 1 of the Annual Xxxxxxxx Xxx 0000 also apply.following year. Employees shall not be charged leave for this
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. (a) An employee is Employee will be entitled to four weeks Annual Leave annual leave in each year accordance with statutory entitlements. Such statutory entitlements do not form part of service. Annual Leave will accumulate at the rate of one third of a week per month of employmentand are not incorporated into this Agreement.
(b) After six weeks Each Employee agrees to take annual leave credited to the Employee during the period of employment, an employee may apply for any shut down nominated by the Company. If the Employee does not have enough accrued Annual Leave pro rataannual leave to cover all or part of the shut down period the Employee agrees to take leave without pay.
(c) The employee In extenuating circumstances the Employee will be entitled to elect to forego an amount of his/her annual leave entitlement and receive payment instead of taking that amount of annual leave. In order for the Employee to receive payment instead of taking an amount of annual leave the Employee must formally seek approval from the Centre for have an accrued annual leave entitlement of at least 6 weeks leave and the Centre will consult other employees to check that the leave is consistent with the needs all of the Centrefollowing steps must be complied with:
(i) The Employee must notify the Company in writing that he/she wishes to forego an amount of his/her annual leave entitlement and receive payment instead of taking such annual leave. The most amount of annual leave that can be foregone in such a way is 1/26th of the nominal hours worked by the Employee for the Company in a 12 month period;
(ii) The Company will advise the Employee whether or not it authorises the Employee to forego an amount of annual leave and receive payment instead of taking that amount of annual leave; and
(iii) Where a payment is made in accordance with this sub-clause the Employee’s annual leave bank will be reduced accordingly.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if For the employee would otherwise have been entitled purpose of this annual leave provision a reference to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit extenuating circumstances means any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take following circumstances as specified by the excess leave and to relevant Company’s policies These policies do so within six months not form part of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accruedthis Agreement.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.Immediate financial hardship;
(jii) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.Pressing domestic necessity;
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. 11.1 All employees shall be entitled to the provisions of the Annual Holidays Act, 1944.
11.2 Provided that radiographers and trainee radiographers and boiler attendants working a seven day roster shall be entitled to five weeks' annual leave.
11.3 Employees, other than part-time workers and those referred to in subclause 11.2 above, who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional annual leave on the following basis:
(a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a 1 week per month of employment.for 35 ordinary shifts on Sundays and/or public holidays;
(b) After if they have worked less than 35 ordinary shifts on Sundays and/or public holidays, the following shall apply: Full-time Employees Permanent Part-time Employees 3 shifts or less Nil 0 4 - 10 shifts 1 day 0.2 weeks 11 - 17 shifts 2 days 0.4 weeks 18 - 24 shifts 3 days 0.6 weeks 25 - 32 shifts 4 days 0.8 weeks 32 or more 5 days 1 week
11.4 Annual leave shall be given by the employer and shall be taken by the employee before the expiration of a period of six weeks of employment, months after the date upon which the employee becomes entitled to such leave.
11.5 Except as provided in sub-clause 11.10 payment shall not be made by an employer to an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for in lieu of any annual leave and the Centre will consult other employees or part thereof to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when which the employee is entitled to nor shall any such payment as set out in subclause 34 (g)be accepted by the employee.
(g) When 11.6 The employer shall give to each employee three months' notice where practicable and not less than one month's notice of the date upon which the employee shall enter upon annual leave. Where an entitlement to annual leave has not been taken by the employee after the expiration of a period of six months, the employer may give notice to the employee for annual leave to be taken by giving a minimum of 28 days written notice requiring such leave to be taken.
11.7 Where the annual leave or any part thereof has been taken before the right thereto has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of employment in which that annual leave accrued.
11.8 Where the employment of an employee finishes employment they will is terminated, the employee shall be paid entitled to receive, in addition to all other amounts due, an amount equivalent to 1/12th of the employee's ordinary pay in respect of an incomplete year of employment. Radiographers shall be entitled to receive 5/47ths in lieu of the 1/12th referred to.
11.9 Credit of time towards an allocated day off duty shall not accrue when an employee is on ordinary annual leave, in accordance with sub-clause (i) of this clause.
11.10 An employee who has accrued Annual Leave plus more than 8 weeks annual leave entitlement may by agreement with the employer receive payment in lieu for any leave loading owing period in excess of 4 weeks thereof, calculated at the form of a lump sum payment rate which applies at the time the employee requests payment in respect of leavingsuch leave.
(h) The rate of pay for Annual Leave is 11.11 For other conditions relating to the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion grant of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave andleave, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of see the Annual Xxxxxxxx Xxx 0000 also applyHolidays Act 1944.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Employees shall be entitled to four (4) weeks Annual Leave annual leave in respect of each 12 months’ service.
(ii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, Employee taken to not be on paid annual leave at certain times
(i) If the period during which an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if in the place where the employee would otherwise have been entitled is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
(ii) Where other periods of leave occur (other than unpaid parental leave), such as personal leave or compassionate leave, or a period of absence from employment for community service leave, the employee is taken not to be on paid annual leave for the period of that other leave or absence.
(c) Effect of termination on annual leave If, when the employment of an employee ends, the employee has a period of untaken accrued annual leave, the Employer must pay to the employee the amount that would have been payable to the employee had the employee taken that period of annual leave, including any annual leave loading and superannuation.
(d) Payment for leave Employees shall receive their ordinary pay during all periods of annual leave. Employees may request that before going on leave, such leave be paid in advance, otherwise the leave will be paid in the normal pay periods of such leave. Provided that ordinary pay for the purposes of this clause 25 shall mean remuneration for the employee’s weekly number of hours calculated at the ordinary time rate of pay and in addition shall include:
(i) either
(1) over agreement payments for ordinary hours of work;
(2) shift work premiums, according to roster or projected roster;
(3) Saturday and Sunday premiums, according to roster or projected roster; and
(4) in-charge allowances; or
(ii) a loading equal to 17.5% of their wage pursuant to Appendix 1 for their normal weekly number of hours calculated at the ordinary time rate of pay - whichever is the higher.
(e) Annual Leave should not be accumulated beyond a maximum Seven-day shift workers For the purposes of six the additional weeks. Where an employee has more than six weeks accumulated Annual Leave’ annual leave provided by the NES for shift workers, the Centre may consult following shall apply:
(i) A shift worker who during the employee about a suitable time year in which their annual leave accrues is rostered to take such Annual Leave. work for four (4) hours or more on ten (10) or more weekends in that year; or
(ii) An employee will not forfeit any who is regularly rostered to work Sundays and public holidays; shall be entitled to one (1) week’s annual leave entitlement accrued above six weeks, however in addition to the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisprescribed in subclause 25(a), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave Time of taking leave
(i) An employee shall endeavour to make an application to take annual leave at least one week prior to the proposed commencement date of the annual leave. The Employer will not unreasonably refuse a request by an employee to take annual leave.
(ii) An employee entitled to four weeks annual leave and is able to request to take such leave in any quantum.
(iii) Except as provided in subclauses 25(c) and (h) payment shall not be made by the Employer to an employee in lieu of any annual leave or part thereof to which the employee is entitled under this Agreement nor shall any such payment be accepted by the employee.
(g) Leave taken in advance
(i) Where the annual leave or any part thereof has been taken in advance by an employee and:
(1) the employment of the employee is terminated before they have completed the year of employment in respect of which such annual leave or part has been taken; and
(2) the sum paid by the Employer to the employee as ordinary pay for the annual leave or part so taken in advance exceeds the sum which the Employer is required to pay to the employee under subclause 25(c); the Employer shall not be liable to make any payment to the employee under subclause 25(c) and shall be entitled to deduct the amount of such excess from any remuneration payable to the employee upon the termination of the employment.
(h) Pay in lieu of an amount of annual leave
(i) Upon receipt of a written request by an employee, the Employer may authorise the employee to receive pay in lieu of an amount of annual leave, subject to the following:
(1) Paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks; and
(2) Where an employee forgoes an entitlement to take an amount of annual leave, the employee must be paid unless at least the full amount that would have been payable to the employee takes had the corresponding period employee taken the leave that the employee has forgone.
(3) Where an employee forgoes an entitlement to take an amount of absence from workannual leave, except at the end Employer will give the employee the amount of an employee’s employment, when pay that the employee is entitled to payment as set out receive in subclause 34 lieu of the amount of annual leave, plus leave loading that would otherwise have been payable within two (g)2) weeks of the request being made.
(g4) When an employee finishes employment they Superannuation guarantee contributions will be paid all accrued Annual Leave plus any in relation to the amount of annual leave and annual leave loading owing for which payment is received in the form of a lump sum payment at the time of leavinglieu.
(h5) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion Each cashing out of annual leave until the date the leave credit would otherwise have accruedmust be by separate agreement in writing.
(i) Where Excessive leave accruals: direction by Employer that leave be taken
(i) If an employee has an excess leave accrual, that is the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by subclause 25(e)), the Employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(ii) If the Employer has genuinely tried to reach agreement with an employee under subclause 25(i)(i) but agreement is not reached (including because the employee refuses to confer), the Employer may direct the employee in writing to take one or more periods of paid annual leave.
(iii) However, a direction given by the Employer under subclause 25 (i)(ii):
(1) is of no effect if it would have been entitled result at any time in the employee’s remaining accrued entitlement to sick paid annual leave but for being on Annual Leave less than six (6) weeks when any other paid annual leave arrangements are taken into account;
(2) must not require the employee to take any period of paid annual leave of less than one (1) week;
(3) must not require the employee to take a period of paid annual leave beginning less than eight (8) weeks, or more than 12 months, after the direction is given; and, within three months an amended
(4) must not be inconsistent with any leave form is submitted arrangement agreed by the Employer and employee.
(iv) The employee must take paid annual leave in accordance with a medical certificate stating the direction under subclause 25(i)(i) that is in effect.
(v) An employee to whom a direction has been given under subclause 25(i)(i) may request to take a period of incapacity paid annual leave as if the direction had not been given.
Note 1: Paid annual leave arising from a request mentioned in subclause 25(i)(v) may result in the direction ceasing to have effect. Note 2: Under section 88(2) of the employeeAct, Annual Leave is the Employer must not unreasonably refuse to be recredited and sick leave debited insteadagree to a request by the employee to take paid annual leave.
(j) The Centre may in appropriate circumstances allow Excessive leave accruals: request by employee for leave
(i) If an employee has genuinely tried to anticipate future leave credits, provided that where reach agreement with an employee leaves Employer under subclause 25(i)(i) but agreement is not reached (including because the Centre before the leave is accruedEmployer refuses to confer), the employee will reimburse may give a written notice to the Centre the amount Employer requesting to take one (1) or more periods of paid annual leave that has yet to accrueleave.
(kii) However, an employee may only give a notice to the Employer under subclause 25(i)(i) if:
(1) the employee has had an excessive leave accrual for more than six (6) months at the time of giving the notice; and
(2) the employee has not been given a direction under subclause 25(i)(ii) that, when any other planned periods of paid annual leave are taken into account, would eliminate the employee’s excessive leave accrual.
(iii) A notice given by an employee under subclause 25(j)(i) must not:
(1) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than six (6) weeks when any other paid annual leave arrangements are considered;
(2) provide for the employee to take any period of paid annual leave of less than one (1) week;
(3) provide for the employee to take a period of paid annual leave beginning less than eight (8) weeks, or more than 12 months, after the notice is given; or
(4) be inconsistent with any leave arrangement agreed by the Employer and employee.
(iv) An employee is not entitled to request by a notice under subclause 25(j)(i) more than four (4) weeks’ paid annual leave (or five (5) weeks’ paid annual leave for a shift worker, as defined in any period of 12 months.
(v) The provisions of the Annual Xxxxxxxx Xxx 0000 also applyEmployer must grant paid annual leave requested by a notice under subclause 25(j)(i).
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Employees shall be entitled to four 4 weeks Annual Leave annual leave in each respect of any 12 months service.
(ii) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate employee’s ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, Employee taken to not be on paid annual leave at certain times
(i) If the period during which an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if in the place where the employee would otherwise have been entitled is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
(eii) Annual Leave should not be accumulated beyond a maximum Where other periods of six weeks. Where an employee has more leave occurs (other than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after thisunpaid parental leave), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding or a period of absence from workemployment for community service leave, except at the end of an employee’s employment, when the employee is entitled taken not to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be on paid all accrued Annual Leave plus any annual leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of that other leave or absence.
(c) Effect of termination on annual leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an An employee would have been entitled who leaves or is dismissed before completing a full qualifying twelve-month period shall, in lieu of annual leave, receive a pro rata payment based on the amount payable for the leave prescribed herein for a full twelve months continuous service, and the period actually served, and shall include leave loading.
(ii) The leave loading payable on termination shall be a loading equal to sick 17- 1/2% of his or her wage pursuant to Appendix 1 for his or her normal weekly number of hours calculated at the ordinary time rate of pay.
(d) Payment for leave but Employees shall receive their ordinary pay during all periods of annual leave. Employees may request that before going on leave, such leave be paid in advance, otherwise the leave will be paid in the normal pay fortnights for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity such leave. Provided that ordinary pay for the purposes of this Clause shall mean remuneration for the employee’s weekly number of hours calculated at the ordinary time rate of pay and in addition shall include:
(i) either
(1) over agreement payments for ordinary hours of work;
(2) shift work premiums, Annual Leave according to roster or projected roster;
(3) Saturday and Sunday premiums, according to roster or projected roster;
(4) in-charge allowances; or
(ii) a loading equal to 17-1/2% of his or her wage pursuant to Appendix 1 for his or her normal weekly number of hours calculated at the ordinary time rate of pay - whichever is to be recredited and sick leave debited insteadthe higher.
(je) The Centre may in appropriate circumstances allow an employee to anticipate future Seven day shift workers For the purposes of the additional weeks’ annual leave credits, provided that where an employee leaves by the Centre before the leave is accruedNES for shiftworkers, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also following shall apply.:
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (ai) An After the completion of each 12 months service with the Mater a full-time employee is shall be entitled to four weeks Annual Leave 20 days annual leave, exclusive of public holidays and a permanent part-time employee shall have a pro rata entitlement to annual leave calculated by reference to the number of hours worked in each year of service. Annual Leave will accumulate at the rate of one third of a week per relevant 12-month of employmentperiod.
(bii) After six weeks of employment, When an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from nominates to take annual leave, such annual leave shall be given by the Centre for leave Mater and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will shall be counted and paid as such, and not as Annual Leave, if taken by the employee would otherwise have been entitled to as determined by the Mater, provided that public holiday.
(e) Annual Leave should not all leave accrued due must be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so taken within six months of accrual, except with the direction being givenagreement of the Hospital or thereafter as the Hospital may require.
(fiii) Annual Leave will not be paid unless When the Mater nominates or requires an employee to proceed on leave, the employee takes shall be given three months' notice where practicable and not less than one month's notice of the corresponding period of absence from work, except at the end of an employee’s employment, when date upon which the employee is entitled to payment as set out in subclause 34 (g)shall enter upon annual leave.
(giv) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a A leave loading of 17.5% of the gross salary relevant ordinary rate of pay for the period of leave then due shall be paid to full-time and permanent part-time employees prior to the taking of leave. However, where the Centre has allowed an employee to anticipate future leave credits, The leave loading will prescribed in this sub-clause shall not be paid apply to proportionate payment of leave on that portion termination of annual leave until the date the leave credit would otherwise have accruedemployment, except in cases of redundancy or medical retirement.
(iv) Where an employee who is a shift worker is given and takes an annual holiday they shall be paid the loading set out in sub-clause (iv) of this clause, provided that if the amount to which the employee would have been entitled to sick leave but by way of shift work allowances and weekend penalty rates for being the ordinary time (not including time on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating public holiday) which the employee would have worked during the period of incapacity the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the employee, Annual Leave is to be recredited and sick leave debited insteadloading.
(jvi) The Centre Mater may in appropriate circumstances allow annual leave to be taken by an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedright thereto has accrued due, the employee will reimburse the Centre however, the amount of annual leave that has yet to accruemust be at least due on a pro-rata basis.
(kvii) The provisions Payment shall not be made to an employee in lieu of any annual leave or part thereof to which the Annual Xxxxxxxx Xxx 0000 also applyemployee is entitled nor shall any such payment be accepted by the employee.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee For each year of continuous service, an Employee (other than a Casual Employee) is entitled to four progressively accrue annual leave of 4 weeks per year based on their ordinary hours of work in accordance with the Act. Continuous Shift Workers are shift workers for the purposes of the NES and therefore will also progressively accrue an additional 1 week of annual leave.
b) For the purpose of this clause a Continuous Shift Worker is an employee who: • Is employed in a business in which shifts are continuously rostered 24 hours a day for seven days a week; and • Is regularly rostered to work on those shifts; and • Regularly works on Sunday and public holidays.
c) Annual Leave in each year of service. Annual Leave will accumulate leave shall be paid at the rate of one third of a week per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The Employees all-purpose rate of pay for Annual Leave is the ordinary time they would have worked had they not been on leave during the relevant period, provided leave has been accrued.
d) All applications for leave must be made on the prescribed leave application form and be approved by the Employee’s immediate supervisor. The application for leave should be made a minimum of 4 weeks prior to the commencement date. Approval will be subject to operational requirements, but the Company shall not unreasonably refuse a request by an Employee to take annual leave. Lesser notice may be provided by agreement between the Company and Employee (i.e. in the case of emergencies).
e) Where you so elect, you are entitled to “cash out” two (2) weeks of your annual leave in exchange for financial compensation at your all-inclusive rate of salary plus a pay. You are not entitled to “cash out” any more than two (2) weeks annual leave loading of 17.5% of the gross salary for the period of leavein any one (1) calendar year. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion Any cashing out of annual leave until the date the leave credit would otherwise have accrued.
(i) Where must not result in an employee would have been entitled Employee’s accrued entitlement to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of paid annual leave that has yet to accruebeing less than 4 weeks.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Operations Agreement
Annual Leave. 16.1 An Employee, other than a casual Employee, shall be entitled to accrue an amount of paid annual leave, in accordance with the FW Act.
16.2 For each year of service, the NES entitles Employees to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the Employee is required to perform Continuous Shift Work on a regular basis and the Employee regularly works Sundays and Public Holidays as part of a Continuous Shift Work roster.
16.3 Annual leave accrues on ordinary hours per week. A part-time employee shall accrue an entitlement to annual leave on a pro-rata basis, based on their ordinary hours of work.
16.4 When taking annual leave an Employee will be paid in accordance with the NES for their Ordinary Hours of Work at their Hourly Rate of Pay for the period of leave taken.
16.5 In addition to the payment prescribed in clause 16.4, an Employee taking leave will receive a 17.5% loading calculated on their Hourly Rate of Pay. This loading is paid in lieu of any shift allowance prescribed in this Agreement.
16.6 If a Public Holiday is observed on an ordinary working day during the period of annual leave, that day will not be counted as annual leave.
16.7 Any authorisation given by the Company enabling an Employee to take annual leave during a particular period is subject to the operational requirements of the workplace. Notwithstanding the Company must not unreasonably refuse to agree to a request by an Employee to take paid annual leave.
16.8 Annual leave accrues progressively with any amount of unused annual leave being cumulative. All untaken accrued annual leave shall be paid out at the time of termination of employment.
16.9 The Company may direct an Employee to take annual leave for the purpose of a Christmas/ New Year shutdown or where the Company has made the decision to close down all or part of its operations. The Company shall give an Employee at least 2 months' notice of its intention to direct an Employee to take annual leave in accordance with this clause.
16.10 Excessive leave accruals by an Employee will be dealt with pursuant to the provisions of this clause 16.10
(a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at Employee has excessive leave accrual if the rate of one third of Employee has accrued more than 8 weeks' paid annual leave (or 10 weeks' paid annual leave for a week per month of employmentshiftworker).
(b) After six weeks of employmentIf an Employee has an excessive leave accrual, the Company and the Employee may confer to genuinely reach an employee may apply for accrued Annual Leave pro rataagreement on how to reduce or eliminate the excessive leave accrual.
(c) The employee must formally seek approval from If the Centre for leave and Company has genuinely tried to reach agreement with an Employee under this clause but agreement is not reached (including because the Centre will consult other employees Employee refuses to check that confer), the leave is consistent with Company may direct the needs Employee in writing to take one or more periods of the Centrepaid annual leave.
(d) Any public holiday during an employee’s Annual Leave will However, a direction under clause 16.10(c):
(i) is of no effect if it would result at any time in the Employee's accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements are taken into account;
(ii) must not require the Employee to take any period of paid annual leave less than one week;
(iii) must not require the Employee to take a period of paid annual leave beginning less than
(iv) must not be counted inconsistent with any leave arrangement agreed by the Company and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidayEmployee.
(e) Annual Leave should not be accumulated beyond If the Company issues a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, direction under clause 16.10(c) above the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to Employee must take the excess paid annual leave and pursuant to do so within six months of the direction being givendirection.
(f) Annual Leave will An Employee to whom a direction has been given under clause 16.10(c) may request to take a period of paid annual leave as if the direction had not been given.
16.11 Paid annual leave must not be cashed out except in accordance with an agreement under these subclauses 16.11 to 16.20
16.12 Each cashing out of a particular amount of paid unless annual leave must be the employee takes subject of a separate agreement in accordance with clauses 16.11 to 16.20
16.13 The Company and an Employee may agree in writing to the corresponding period cashing out of absence from work, except at a particular amount of accrued paid annual leave by the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)Employee.
16.14 An agreement under this clause must state:
(ga) When an employee finishes employment they will the amount of leave to be paid all accrued Annual Leave plus any cashed out and the payment to be made to the Employee for it; and
(b) the date on which the payment is to be made.
16.15 An agreement under this clause must be signed by the Company and the Employee and, if the Employee is under 18 years of age, the Employee's parent or guardian.
16.16 The payment must not be less than the amount that would have been payable had the Employee taken the leave loading owing in the form of a lump sum payment at the time of leavingthe payment is made.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading 16.17 An agreement under this clause will not be result in the Employee's remaining accrued entitlement to paid on that portion of annual leave until the date the leave credit would otherwise have accruedbeing less than 4 weeks.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) 16.18 The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the maximum amount of accrued paid annual leave that has yet to accruemay be cashed out under this clause in any period of 12 months is 2 weeks.
(k) 16.19 The provisions Company shall keep a copy of the Annual Xxxxxxxx Xxx 0000 also applyan agreement made under clauses 16.11 to 16.20 as an employee record.
16.20 This clause 16 does not apply to a Casual Employee.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 39.1 This clause does not apply to Casual Employees.
39.2 A Full-time Employee is entitled to 4 weeks (150 hours) of paid annual leave for each completed year of service with the University, accrued on a pro rata basis of 5.77 hours per completed fortnight of service.
39.3 Shift workers, being Employees engaged on shift work and who regularly work on Sundays and/or public holidays, are entitled to an additional week's annual leave in accordance with the NES.
39.4 Part-time Employees are entitled to annual leave on a pro rata basis.
39.5 Annual leave is paid at the Employee’s Ordinary Hourly Rate unless otherwise specified.
39.6 Annual leave will normally be taken in periods of at least 1 week. The minimum period of leave that may be taken is 1 hour.
39.7 Employees are encouraged to take accrued leave prior to the expiry of their appointment or resignation provided that Employees on an externally funded fixed term contract may be required to clear any leave entitlements prior to the expiry of the contract.
39.8 The University must not unreasonably refuse a request by the Employee to take paid annual leave provided that the clearance of leave will have regard to the work commitments of the Employee and the convenience of the work area.
39.9 Annual leave must be cleared where possible:
(a) An employee is entitled to four weeks Annual Leave in each the case of the first entitlement by the end of February in the year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.following commencement; and
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from within the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centrecalendar year it accrues thereafter.
(d) Any public holiday 39.10 University recognised holidays as recognised in clause 43 or days taken in lieu of those days occurring during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum periods of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence deducted from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)leave entitlements.
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any 39.11 An Employee may elect to access up to a full year’s leave loading owing entitlement in advance subject to the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% operational requirements of the gross salary for work area. If the period of leave. However, where the Centre Employee subsequently resigns and has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruednegative entitlement, the employee will reimburse Employee is required to repay the Centre overdrawn entitlement. The University may deduct the amount of annual leave that has yet to accruethe overdrawn entitlement from the Employee’s final payment.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Annual Leave. (a) An employee Quantum of annual leave – Nursing Employees
i. Nursing Employees (excluding casual employees) shall be entitled to 5 weeks of paid annual leave in respect of any 12 months’ service. This leave entitlement is inclusive of the base NES annual leave entitlement and the additional week under the NES for a shiftworker as defined at sub-clause (ii) below.
ii. A shiftworker for the purposes of this clause and the additional week of annual leave provided for by the NES, is a Nursing Employee who:
(1) is regularly rostered over seven days of the week; and
(2) regularly works on weekends.
b) Quantum of leave – Health and Allied Employees
i. Health and Allied Employees (excluding casual employees) shall be entitled to four weeks Annual Leave of paid annual leave in each respect of any 12 months’ service.
ii. A shiftworker for the purposes of the NES is defined as a Health and Allied Employee who is:
(1) Regularly rostered to work their ordinary hours outside the hours of 6am-6pm Monday to Friday (inclusive); and/or
(2) An Employee who works for more than four ordinary hours on 10 or more weekends.
c) Such annual leave accrues progressively during a year of service. Annual Leave will accumulate at service according to the rate Employee's ordinary hours of one third of a week per month of employmentwork and accumulates from year to year.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any Public holidays occurring during annual leave If the period during which an Employee takes paid annual leave includes a day or part day that is a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum Effect of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any termination on annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employmentIf, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When employment of an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in Employee ends, the form of Employee has a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of untaken paid annual leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on Employer must pay the Employee the amount that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled payable to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the Employee had the Employee taken that period of incapacity of the employee, Annual Leave is to be recredited leave and sick shall include leave debited insteadloading.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (i) The National Employment Standard (NES) for annual leave is a minimum to which all employees covered by this Agreement are entitled.
(ii) Employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional annual leave on the following basis:
(a) An 1 week for 35 ordinary shifts on Sundays and/or public holidays;
(b) if they have worked less than 35 ordinary shifts on Sundays and/or public holidays, the following shall apply: Full-time Permanent Part-time Employees Employees 3 shifts or less- nil 0 4-10 shifts- 1 day 0.2 weeks 11-17 shifts- 2 days 0.4 weeks 18-24 shifts- 3 days 0.6 weeks 25-32 shifts- 4 days 0.8 weeks 32 or more- 5 days 1 week.
(iii) Annual leave shall be given by the employer and shall be taken by the employee before the expiration of a period of six months after the date upon which the employee becomes entitled to such leave.
(iv) Except as provided in subclause (viii), payment shall not be made by an employer to an employee in lieu of any annual leave or part thereof to which the employee is entitled nor shall any such payment be accepted by the employee.
(v) The employer shall give to four weeks Annual Leave in each employee three months' notice where practicable and not less than one month's notice of the date upon which the employee shall enter upon annual leave.
(vi) Where the annual leave or any part thereof has been taken before the right thereto has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of service. Annual Leave will accumulate at employment in which that annual leave accrued.
(vii) Where the rate employment of one third an employee is terminated, the employee shall be entitled to receive, in addition to all other amounts due, an amount equivalent to 1/12th of a week per month the employee's ordinary pay in respect of an incomplete year of employment.
(bviii) After six weeks Credit of employment, time towards an allocated day off duty shall not accrue when an employee may apply for accrued Annual Leave pro rata
is on ordinary annual leave, in accordance with subclause (ci) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centrethis clause.
(dix) Any public holiday during Casual employees have no entitlement to paid annual leave
(i) Employees who become entitled to annual leave under Clause 37 of this Agreement shall receive an employee’s annual leave loading of 17½% of the appropriate ordinary rate of pay for the classification in which the employee was employed immediately before commencing annual leave. Such rate of pay shall not include any penalty, shift or overtime rates prescribed by this Agreement. Annual Leave will be counted and paid as such, leave loading is only payable on four (4) weeks of annual leave and not as Annual Leave, if on the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any additional annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 Clause 37.(ii) , ADO entitlements as set out in Clause 25, (g)xi) or extra leave for public holidays worked.
(gii) When No loading is payable where the annual holiday is taken wholly or party in advance, provided however, that if the employment of such an employee finishes continues until the day upon which they would have become entitled under Clause 37 of this Agreement to such annual holiday, the loading then becomes payable, in respect of the period of such holiday and is to be calculated in accordance with the Agreement rate of wages applicable on such day.
(iii) Before an employee is given and takes his/her annual holiday or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee the loading in accordance with sub-clause (i) of this clause.
(iv) Where the employment they will be paid all accrued Annual Leave plus any leave loading owing in of an employee is terminated by the form of employer for a lump sum payment cause other than misconduct and, at the time of leavingtermination, the employee has not been given and has not taken any annual holidays which have accrued on a pro-rata basis they shall be paid the loading provided for in sub-clause (i) of this clause for the period not taken.
(hv) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed Where an employee to anticipate future leave credits, leave loading will not who works shift work is given and takes an annual holiday they shall be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
loading set out in sub-clause (i) Where an of this clause, provided that if the amount to which the employee would have been entitled to sick leave but by way of shift work allowances and weekend penalty rates for being the ordinary time (not including time on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating public holiday) which the employee would have worked during the period of incapacity the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the employee, Annual Leave is to be recredited and sick loading. The roster as displayed in advance shall determine the leave debited insteadloading payable in respect of the annual leave period for which they have applied.
(jvi) The Centre may in appropriate circumstances allow an employee Where it is not possible to anticipate future leave credits, provided determine the shifts that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions would have worked had they not requested leave, a review of the Annual Xxxxxxxx Xxx 0000 also applytimesheets 3 months preceding the period of leave will be reviewed to determine the appropriate calculation of loadings.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled to four weeks Annual Leave in 23.1 For each year of continuous service. Annual Leave , full time and part time Employees will accumulate at the rate of one third of a week per month of employment.
accrue 4 weeks’ annual leave (b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave152 hours per year for a full time employee) which, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weekswhen taken, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be is paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the Employee's ordinary time of leaving.
(h) The rate of pay that the Employee would receive for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for working Ordinary Hours in the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but 23.2 Except for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave, Employees' annual leave that has yet to accrue.
(k) The entitlements are, in all other respects in accordance with the relevant provisions of the Act. Annual Xxxxxxxx Xxx 0000 leave is cumulative and will accrue on a pro rata basis throughout the year.
23.3 The Hospital may direct Employees to take any annual leave accrued to the Employees, in circumstances where there is a close down of that part of The Eye Hospital's business in which the Employees work, such as during the Christmas/New Year period. If an Employee does not have enough accrued annual leave to cover all or part of the close down period, the relevant Employees agree that they will take leave without pay. Employees may use their banked hours during periods where there is a close down.
23.4 The Eye Hospital is also applyable to direct an Employee to take up to a quarter of their annual leave entitlement if the Employee has an annual leave balance greater than eight (8) weeks.
23.5 Employees will be paid an additional 17.5% loading on top of their ordinary pay for the period that the Employee is on annual leave. This loading is not payable for annual leave taken in advance.
23.6 An Employee may elect to forgo some of their paid annual leave and receive a payment instead of actually taking that paid annual leave or continuing to accrue it, subject to the Hospital’s approval. Leave cannot be cashed out in advance of it being accrued. The amount of annual leave an Employee can forgo is limited to any annual leave in excess of the “Protected Amount”. For a full-time Employee, the Protected Amount is four (4) weeks. Accordingly, an Employee can only cash-out paid annual leave if the Employee retains an accrual of at least four (4) weeks of paid annual leave immediately following the cash out.
23.7 An Employee wanting to cash out annual leave must give the Hospital notice in writing. The notice must be in a form acceptable to the Hospital. The Hospital will consider the notice and confirm its decision with the Employee. Each cashing out of accrued annual leave must be by a separate agreement in writing between the Hospital and the Employee.
23.8 If the Eye Hospital approves a cashing out request, the Hospital will pay that Employee, at a mutually agreed time, the amount of pay that Employee is entitled to receive in lieu of the Employee taking (or continuing to accrue) the relevant amount of annual leave.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 29.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES).
29.2 Method of taking leave
(a) An Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee is entitled will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks Annual Leave in each year weeks' notice of service. Annual Leave the dates when all, or part of the accrued leave will accumulate at the rate of one third of a week per month of employmentbe taken.
(b) After six weeks of employment, Where an employee may apply for accrued Annual Leave pro ratarequests that leave be allowed in one continuous period such request will not be unreasonably refused.
(c) The employee must formally seek approval from the Centre for leave and the Centre Continuous shift workers will consult other employees be entitled to check that the leave is consistent 5 weeks of paid annual leave, in accordance with the needs s.87(1)(b)(ii) of the Centre.Fair Work Xxx 0000 (Cth)
(d) Any In the circumstances where a public holiday during falls within one day of a weekend or another public holiday the provisions of 29.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee’s Annual , or employer, requests it.
29.3 Leave will be counted and paid as such, and allowed before due date
(a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot as Annual Leave, if take further leave in advance of their accrued balance until after the date the employee would otherwise have been becomes entitled to the leave that public holidaywas taken in advance.
(eb) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre employer has allowed an employee to anticipate future take annual leave creditspursuant to 29.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave.
29.4 Payment for annual leave on termination
(a) Rate of pay Where an employee leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave.
(b) Annual leave loading In addition, the employee will not receive a loading of 17.5% calculated on the rates, prescribed by Appendix 1.
29.5 Payment for periods of leave
(a) Payment in advance An employee, before going on annual leave, will be paid on that portion in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave.
(b) Annual leave loading In addition, during a period of annual leave until an employee will receive a loading of 17.5 percent calculated on the date hourly rate in Appendix I
29.6 Annual close down Despite anything contained in this agreement an employer giving any leave in conjunction with the leave credit would otherwise have accrued.Christmas - New Year holidays may either:
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating Stand off without pay during the period of incapacity leave any employee who has not yet qualified under 29.1, or
(ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the employeeannual leave due to all, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves or the Centre before the leave is accruedmajority of employees qualified for such leave, the employee will reimburse the Centre the amount give at least two months' notice to employees of annual leave that has yet their intention so to accruedo.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee 18.1 Annual leave is entitled to four weeks Annual Leave provided for in the NES.
18.2 For each year of service. Annual Leave will accumulate at , the rate NES entitles Employees to:
(a) 4 weeks of one third of a week per month of employment.paid annual leave; or
(b) After six 5 weeks of employment, paid annual leave if the Employee is a continuous shift worker. A continuous shift worker is an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from engaged to work in a system of consecutive shifts throughout the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs 24 hours of the Centreeach of at least six consecutive days without interruption.
(d) Any public holiday during 18.3 There shall be an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a annual leave loading of 17.5% of the gross salary Employee's base rate of pay paid for all annual leave taken.
18.4 Under the NES, annual leave accrues progressively during a year of service according to the Employee's ordinary hours of work and accumulates from year to year. Annual leave does not accrue during any period of unpaid leave, unauthorised absence or workers' compensation.
18.5 Annual leave can be taken by agreement between the Employer and Employee following a request by the Employee to take accrued annual leave. HoweverLeave approval is subject to the operational requirements of the workplace but shall not be unreasonably withheld.
18.6 The Employer may also require an Employee to take accrued annual leave:
(a) Giving a direction to take leave as per Clause 38.7 of the Building and Construction Award; or
(b) Where the Employer shuts down or lay-up all or any part of the business other than for an Annual Close Down over the Christmas/New Year holidays (ACD period); Providing that the requirement to take leave is reasonable in the circumstances.
18.7 In relation to the ACD period, the Employer may direct Employees to take paid annual leave for all or part of the ACD period. For the purpose of giving the whole of the annual leave due to all or the majority of the Employees who have the required annual leave accruals, the Employer must give at least two months' notice to the affected Employees.
18.8 If, where the Centre has allowed Employer shuts down all or any part of the business, an employee Employee does not have sufficient accrued leave he/she may be required to anticipate future take leave creditswithout pay.
18.9 Any untaken annual leave will be paid out on termination.
18.10 By written agreement with the Employer, an Employee may elect to cash out part of his/her accrued annual leave loading will entitlement each 12-month period, provided that:
(a) Paid annual leave cannot be cashed out if the cashing out would result in the Employee's remaining accrued entitlement to paid on that portion of annual leave until the date the leave credit would otherwise have accrued.being less than four weeks;
(ib) Where an employee Each cashing out of a particular amount of paid annual leave must be by a separate written agreement in writing between the Employer and the Employee; and
(c) The Employee must be paid at least the full amount that would have been entitled payable to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of Employee had the employee, Annual Leave is to be recredited and sick leave debited insteadEmployee taken the leave.
(j) The Centre may in appropriate circumstances allow an employee 18.11 This clause shall not apply to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accruecasual Employees.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled Permanent & Fixed-Term Employees shall accrue paid annual leave for each completed 4 week period of continuous service with the company at the rate of 0.07693 hours for each ordinary hour worked. This leave shall be available to four weeks Annual Leave in the Employee at the completion of each year of service. Annual Leave will accumulate at the For information purposes only, this accrual rate of one third of equates to 4 weeks paid leave for a week per month of employment.
(b) After six weeks of employment, Full-time Employee. Payment to an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for Employee on annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should shall not be accumulated beyond a maximum of six weeks. Where an employee has more less than six weeks accumulated Annual Leave, the Centre may consult Employee’s ordinary wage rate prescribed by this agreement for the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 annual leave (g).
(gexcluding allowances and penalty payments) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary Employees ordinary wage rate for the period of annual leave. HoweverDue to the nature of the employment contract, where Casual Employees shall not accrue or receive any annual leave during their term of employment. If the Centre has allowed employment of an employee to anticipate future leave creditsEmployee is terminated before the expiration of a full year of employment, leave loading will not the Employee shall be paid on that portion of in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s hourly rate, excluding any allowances or loading. Employees are required to use any or all of their annual leave credit would otherwise have accrued.
(i) entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with 4 weeks notice of their intention to take annual leave. The Employer shall attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the Employer may refuse to grant the request for annual leave. Where an employee Employee accrues excessive annual leave (as determined in clause 1.6 of this agreement) or where the company determines that all or part of the business is subject to a designated closure, the company may request the Employee to take up to ¼ of their accrued leave on the provision of 2 weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave purposes shall be paid to the Employee prior to the Employee proceeding on annual leave or as otherwise mutually agreed between the Employee and the Employer. Annual leave shall be exclusive of any statutory holiday that occurs during the period of annual leave. By mutual agreement between the Employer and the Employee, an Employee is able to “cash in” up to two weeks annual leave and forego that amount of leave. Such a payment shall be equal to the amount the Employee would have been entitled paid if they had taken the leave. Any requests to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of “cash in” any annual leave that has yet provision should be made to accruethe Employer in writing.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Employee Collective Agreement
Annual Leave. (a) An employee Employee (other than a Continuous Shift Worker) is entitled to four 4 weeks Annual Leave in of paid annual leave for each year of service. Annual Leave An Employee’s entitlement to paid annual leave accrues progressively during a year of continuous service in accordance with the Employees Ordinary Hours (equivalent to approximately 2.769 hours for each completed week of continuous service). A Continuous Shift Worker is entitled to 5 weeks of paid annual leave for each year of service. An Employee engaged on continuous shift work for part of any year shall accrue the additional 36 hours annual leave on a pro rata basis. For the purpose of this clause, continuous service shall include, time not worked due to annual leave, paid personal leave (including sick leave and carers leave), compassionate leave, community service leave, public holidays, RDO’s, workers compensation to a maximum of 2 weeks, and approved unpaid leave taken in conjunction with the R&R.
(b) Before going on leave the Employee will accumulate be paid:
(i) The ordinary wages they would have received under Clause 8 – Wages and Classification Structure of this Agreement for the Ordinary Hours (up to 36) Ordinary Hours per week) they would have worked but for proceeding on annual leave;
(ii) Any all-purpose allowance which the Employee is normally paid for their Ordinary Hours each week; and
(iii) A loading of 17.5% calculated at the rate of wage prescribed in subclause (1)(b)(i) of this clause; in respect of the period of leave.
(2) Paid annual leave may be taken for a period agreed between the Company and the Employee and will be paid in accordance with (1)(b) of this clause. The Company must not unreasonably refuse to agree to a request by the Employee to take paid annual leave.
(3) If a public holiday is observed on an ordinary working day during the annual leave, the annual leave is increased by one third day for each public holiday. COMPANY CLOSE DOWN
(a) The Company may close the Site or part of a week per month the Site or reduce the number of employmentEmployees at the Site so that all or most Employees take their annual leave at the same time.
(b) After six weeks The Company must give 1 month’s notice to each Employee of employment, an employee may apply for accrued Annual Leave pro ratathe arrangement in (4) (a) above.
(c) The employee When the Site is closed Employees must formally seek approval from take the Centre for annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centrewhich they are entitled or take unpaid leave.
(d) Any public holiday during If an employee’s Annual Leave will Employee has insufficient service to have accrued leave that is equal to the leave given to other Employees, the Employee shall not be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holidaywork or pay whilst other Employees are on leave in accordance with this subclause.
(e5) Annual Leave should not An Employee who leaves their employment or whose employment is terminated by the Company shall be accumulated beyond a maximum paid accrued but untaken annual leave at the rate of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing wage prescribed in subclause (or at any time after this1)(b)(i), to take the excess leave (1)(b)(ii) and to do so within six months (1)(b)(iii) of the direction being giventhis clause.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Greenfields Agreement
Annual Leave. 16.1 Annual leave is provided for in the NES.
16.2 For each year of service the NES entitles Employees to:
(a) An employee is entitled to four Four (4) weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.paid annual leave; or
(b) After six Five (5) weeks of employmentpaid annual leave if the Employee is a shiftworker. For this purpose, an employee a shift worker i s defined in clause 14.11 – Shiftwork of this Agreement.
16.3 Under the NES, annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. Annual leave does not accrue during any period of unpaid leave or unauthorised absence.
16.4 Annual leave can be taken by agreement between the Employer and Employee following a request by the Employee to take accrued annual leave. Leave approval is subject to the operational requirements of the workplace but shall not be unreasonably withheld.
16.5 The Employer may apply direct the Employee in writing to take one or more periods of annual leave, provided that:
(a) the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for accrued Annual Leave pro rataa shift worker (excessive leave accrual));
(b) the Employer has genuinely tried to reach agreement with the Employee on how to reduce or eliminate the excessive leave accrual but agreement is not reached;
(c) The employee must formally seek approval from the Centre for direction to take one or more periods of annual leave and does not result in the Centre will consult other employees Employee’s remaining accrued entitlement to check that the paid annual leave is consistent with the needs of the Centre.being less than 6 weeks;
(d) Any public holiday during an employee’s Annual Leave will be counted and the direction to take one or more periods of annual leave does not require the Employee to take any period of paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.annual leave of less than one week;
(e) Annual Leave should the direction to take one or more periods of annual leave does not be accumulated beyond a maximum require the Employee to take any period of six paid annual leave beginning less than 8 weeks. Where an employee has , or more than six weeks accumulated Annual Leave12 months, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being is given.; and
(f) the direction to take one or more periods of annual leave is not inconsistent with any leave arrangement agreed by the Employer and the Employee.
16.6 Annual Leave will leave is paid at ordinary rate of pay. Employees are not be paid unless entitled to annual leave loading.
16.7 By written agreement, the employee takes Employer and Employee may agree to the corresponding Employee taking a period of absence from workannual leave in advance of the entitlement accruing.
16.8 If, except at on the end termination of an employeethe Employee’s employment, when the employee is entitled Employee has not accrued an entitlement to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at period of paid annual leave already taken in accordance with clause 16.7, the time Employer may deduct from any money due to the Employee on termination, an amount equal to the amount that was paid to the Employee in respect of leaving.
(h) The rate any part of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have taken in advance to which an entitlement has not been accrued.
16.9 By written agreement, the Employer and the Employee may agree to the cashing out of a particular amount of accrued annual leave by the Employee each twelve (i12) Where an employee months, provided that:
(a) paid annual leave cannot be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks;
(b) each cashing out of a particular amount of paid annual leave must be by a separate written agreement in writing between the Employer and the Employee;
(c) the Employee must be paid at least the full amount that would have been entitled payable to sick leave but for being on Annual Leave the Employee had the Employee taken the leave; and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(jd) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the maximum amount of accrued paid annual leave that has yet to accruemay be cashed out in any period of 12 months is 2 weeks.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply16.10 This clause shall not apply to casual Employees.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) This clause applies to persons engaged by the week as defined in the definitions clause of this Agreement.
34.1 All Employees shall be entitled to four weeks’ annual leave in respect of each calendar year of service. Such leave to be paid at the Total Negotiated Rate and before the employee commences the period of leave.
34.2 Such annual leave shall accrue from the first day of employment for rehearsals. An employee is entitled to four weeks accrue an amount of paid annual leave, for each completed 4 week period of continuous service with the employer of 1/13 of the number of nominal hours worked by the employee for the employer during that 4 week period.
34.3 Where any public holiday falls within such period of leave then an additional day for each such public holiday shall be added to the period of leave.
34.4 Annual Leave leave shall be given at a time fixed by the Employer within a period not exceeding three months from the date when the right to annual leave accrued and after as much notice as is practicable and in each year any case not less than three weeks’ notice to the Employee.
34.5 Unless otherwise mutually agreed upon, annual leave shall not be taken whilst the Employee is away from his/her place of serviceresidence. If annual leave is given to the
34.6 Annual Leave will accumulate at leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.
34.7 If so requested by an Employee the rate Employer may allow annual leave to an Employee before the right thereto has accrued.
34.8 Where an Employee's engagement terminates and the Employee has become entitled to annual leave the Employer shall be deemed to have given the annual leave (or such portion of one third it as has not been taken by the Employee) from the date of a week per month termination of the engagement and shall forthwith pay to the Employee, in addition to all other amounts due to them, his/her Total Negotiated Rate for the period of leave due.
34.9 In respect of any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the Employee has during the engagement become entitled to annual leave, computed from the date on which he/she became entitled to annual leave), the Employer shall forthwith pay to the Employee, in addition to all other amounts due to the Employee an amount equal to one-twelfth of his/her Total Negotiated Rate for such period of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for 34.10 Each Employee before going on annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary wages for the period of leave. Howeverleave at the Total Negotiated Rate ordinary weekly rate being paid to the Employee.
34.11 The annual leave provided for by this clause shall be allowed and shall be taken and, where the Centre has allowed an employee to anticipate future leave creditsexcept as provided by Subclauses 34.7 and 34.8 above, leave loading will payment shall not be paid on that portion made or accepted in lieu of annual leave until the date the leave credit would otherwise have accruedleave.
(i) 34.12 Where annual leave has been granted to an employee would have been entitled Employee pursuant to sick leave but for being on Annual Leave and, within three months an amended leave form subclause 34.7 hereof before the right thereto has accrued due and the Employee subsequently leaves or is submitted with a medical certificate stating discharged from the period of incapacity service of the employee, Annual Leave is to be recredited and sick Employer before completing the twelve months’ continuous service in respect of which the annual leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accruedwas granted, the employee will reimburse the Centre Employer may deduct the amount of annual leave that has yet such excess from any remuneration payable to accruethe Employee under Subclause 34.9 above.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Performers’ Collective Agreement
Annual Leave. (a) An employee
33.1 All Employees excluding Casuals will be entitled to Annual Leave as per this clause.
33.2 A full time Employee is entitled to four (4) weeks Annual Leave in annual leave on full pay for each 12 months of continuous service.
33.3 Part time Employees are entitled to annual leave on a pro-rata basis based on the number of ordinary hours worked.
33.4 All Employees, except those whose role do not require regular direct contact with children (such as cook, cleaner, kitchen hand, administration Employees), shall be entitled to one (1) additional weeks of annual leave (pro rata), during each year of service performed pursuant to this Agreement.
33.5 A shift worker who regularly works on Sundays and public holidays is entitled to one (1) week's additional annual leave (pro rata) for each 12 months of continuous service
33.6 Annual leave is cumulative from year to year. Annual Leave will accumulate Any unused annual leave at the time that the employment contract is terminated will be paid to the Employee, with leave loading where appropriate
33.7 Annual leave does not accrue on overtime hours.
33.8 Annual leave does not accrue on any period of unpaid leave.
33.9 Annual leave will be paid on the Employee's ordinary rate of pay as prescribed in this Agreement.
33.10 An Employee proceeding on annual leave will be paid a 17.5% loading on standard annual leave. Leave loading does not apply to additional one third (1) week annual leave.
33.11 An application for annual leave must be submitted at least four (4) weeks prior to the first day of leave.
33.12 When a week per month public holiday falls within an Employee's period of employmentannual leave, on a day that the Employee would normally have worked, it will be counted as a public holiday and not as a day of annual leave.
33.13 While an Employee will generally have discretion in nominating when they take annual leave, the Employer may request that an Employee take annual leave at a certain time on reasonable business grounds.
33.14 An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shift worker.
33.15 If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
33.16 If an employer has genuinely tried to reach agreement with an employee under but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
33.17 The direction for the employer is of no effect if:
(a) It would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements are taken into account; and
(b) After six weeks must not require the employee to take any period of employment, an employee may apply for accrued Annual Leave pro ratapaid annual leave of less than one week; and
(c) The must not require the employee must formally seek approval from to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the Centre for leave and the Centre will consult other employees to check that the leave direction is consistent with the needs of the Centre.given; and
(d) Any public holiday during an must not be inconsistent with any leave arrangement agreed by the employer and employee’s Annual Leave will .
33.18 An Employee who wishes to cash out their annual leave must apply in writing and MercyCare may, at its discretion, approve the request in writing. The written agreement between the Employee and MercyCare must:
(a) state the amount of leave to be counted cashed out and paid as such, the payment to be made to the Employee for it and not as Annual Leavethe date on which the payment is to be made; and be signed by MercyCare and Employee and, if the employee Employee is under 18 years of age, by the Employee’s parent or guardian.
33.19 The payment must not be less than the amount that would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, payable had the Centre may consult Employee taken the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leavingthe payment is made.
33.20 Employees must have a minimum balance of four (h4) The rate weeks of pay for Annual Leave is the ordinary rate of salary plus a accrued leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of remaining after any annual leave until the date the leave credit would otherwise have accruedis cashed out.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) 33.21 The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the maximum amount of accrued paid annual leave that has yet to accruemay be cashed out in any period of 12 months is two (2) weeks.
(k) The provisions 33.22 MercyCare shall keep a copy of the Annual Xxxxxxxx Xxx 0000 also applyany agreement to cash out annual leave as an Employee record.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (1) Every Employee (other than a casual Employee) shall at the end of each year of continuous employment be entitled to annual leave on full pay as follows:
(a) An employee is not less than five (5) weeks (190 hours) if employed on shift work where three (3) shifts per day are worked over a period of seven (7) days per week; and
(b) not less than four (4) weeks (152 hours) in any other case.
(2) Annual leave accrues for each 4 week period of continuous service in accordance with the Workplace Relations Act 1996.
(3) Part-time Employees shall accrue payment for annual leave on a proportional basis to that of full-time Employees.
(4) In circumstances where a public holiday that an Employee would have ordinarily been entitled to four falls during a period of annual leave such public holiday shall be paid for at the Employee's ordinary rate and is exclusive of any period of annual leave taken.
(5) Annual leave may be taken as either one continuous period or in a number of periods at a time mutually agreed between the Employer and Employee.
(6) The Employer can direct an Employee to take a maximum of one quarter of the Employee’s annual leave accrual in circumstances where the Employee has accumulated an excessive amount of Annual Leave. An excessive amount means 8 weeks Annual Leave over a 2 year period for an Employee working 38 hours per week. The Employer shall give the Employee at least fourteen (14) days written notice of when annual leave shall commence.
(7) In circumstances that the Employer withdraws the notice required under clause 5.1 (6) and an Employee postpones the leave, the Employer shall compensate the Employee for any reasonable monetary losses directly attributable to the postponement.
(8) The Employer and Employee may mutually agree for the Employee to take annual leave in each year advance before fully accruing an entitlement. Such agreement shall be recorded in writing, signed by both parties and kept with the Employers time and wages records. Where an Employee takes leave before becoming entitled to it, the Employee’s entitlement shall be adjusted accordingly so that the Employee does not accrue a further entitlement to leave that has been taken in advance.
(9) Calculation of service. Annual Leave will accumulate annual leave pay Subject to clause 4.10 (3) (Employees engaged on Night Shift), in respect of annual holiday entitlements to which this clause applies, annual holiday pay shall be calculated as follows:
(a) In no case shall the payment by the Employer to an Employee be less than the sum of the following amounts:
(i) The Employees ordinary wage rate as prescribed by this Agreement, exclusive of shift allowance, weekend penalties or any other allowances or penalty ordinarily payable, equal to the total period of annual leave to be taken.
(ii) A further loading calculated at the rate of seventeen and one third half (17.5) percent of a week per month of employmentthat referred to in sub-clause (9) (a) (i).
(b) After six weeks Payment for a period of annual leave shall be in advance. Such payment shall be made to an Employee no latter than the first pay day falling after the commencement of a period of annual leave or where the Employee requests, at a later date.
(10) Payment of annual leave on termination of employment, an employee may apply
(a) Employees shall not be entitled to the leave loading component of any accrued pro rata annual leave entitlement for a period of employment of less than one (1) year upon termination by either the Employer or Employee.
(b) Employees that are terminated for neglect of duty or serious misconduct shall not be entitled to the leave loading component prescribed in subclause 5.1 (9) (a) (ii) on any accrued Annual Leave pro rataannual leave entitlement.
(c) The employee must formally seek approval from Where an Employee leaves or is terminated by the Centre for Employer during the course of any period of employment the Employer shall pay any accrued pro rata leave and entitlements calculated at the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.following rates:
(di) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
3.66 hours for each completed ordinary week of work for shift work Employees defined in clause 5.1 (e1) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (ga).
(gii) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing 2.93 hours for each completed ordinary week for Employees defined in the form of a lump sum payment at the time of leavingclause 5.1 (1) (b).
(hiii) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not Provided that part-time Employees shall be paid on that portion of accrued annual leave until the date the leave credit would otherwise have accruedentitlements on a proportional basis to that prescribed in subclauses (10) (c) (i) and (10) (c) (ii).
(i11) Where an employee would have been entitled to sick leave but for being on In all other respects, the Annual Leave and, within three months an amended leave form is submitted entitlement shall be in accordance with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited insteadWorkplace Relations Act 1996.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Hans Continental Smallgoods Pty LTD (Wacol) Agreement 2008
Annual Leave. (a) An employee Annual leave shall be given at a time fixed by the Company. Notice given to employees of the timing of annual leave shall be as much as is practicable and not less than eight (8) weeks.
(b) A full time Musician is entitled to four (4) weeks Annual Leave in (32 calls) of annual leave on full pay for each year of service. Annual Leave leave will accumulate at the rate be offered and taken as one continuous period where practicable. This entitlement is pro-rated for part time Musicians and in respect of one third incomplete years of a week per month of employmentservice.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval A Musician’s annual leave accrues progressively and accumulates from the Centre for leave and the Centre will consult other employees year to check that the leave is consistent with the needs of the Centreyear.
(d) Any Where a public holiday during falls within a period of annual leave an employee’s Annual Leave additional day will be counted and paid as such, and not as Annual Leave, if added to the employee would otherwise have been entitled to that public holidayperiod of leave.
(e) Annual Leave should not The Company may allow annual leave to be accumulated beyond taken in advance – i.e. before a maximum Musician has accrued the amount of six weeksannual leave in accordance with sub-clause 45(c) above. Where an employee has more than six weeks accumulated Annual Leavethis occurs, further annual leave does not commence to accrue until the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenbalance is no longer in deficit.
(f) Annual Leave will not be paid unless Where annual leave has been granted to a Musician in advance and the employee takes Musician subsequently leaves or is discharged before completing the corresponding period necessary accrual period, the Company may deduct the amount of absence such excess from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g)any remuneration payable.
(g) When an employee finishes employment they ends, any accrued annual leave that has not been taken by the Musician will be paid all accrued Annual Leave plus any leave loading owing out in the form of a lump sum payment at the time of leavingfull.
(h) The rate Company and a Musician may agree that the Musician will cash out some of pay for Annual Leave his/her accrued annual leave provided that: • each time annual leave is cashed out, it is recorded in a separate written agreement; • the ordinary rate Musician must have at least thirty-two (32) calls of salary plus a paid annual leave loading of 17.5% of accrued after the gross salary for cash out if they are full time, and the period of leave. However, where pro-rated equivalent if they are part time; and • the Centre has allowed an employee to anticipate future leave credits, leave loading will not Musician must be paid on the full amount that portion of annual leave until he/she would have been paid had the date Musician taken the leave credit would otherwise have accruedthat was cashed out.
(i) Where an employee would have been entitled to sick A Musician on annual leave but will not be recalled for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating duty except by agreement between the period of incapacity of Company and the employee, Annual Leave is to be recredited and sick leave debited insteadMusician.
(j) The Centre Company may in appropriate circumstances allow an employee require a Musician to anticipate future take annual leave credits, provided that by giving at least eight (8) weeks’ notice where an employee leaves the Centre before the more than eight weeks’ annual leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is other than a casual employee shall be entitled to four weeks Annual Leave in each year annual leave on full pay as follows:
(i) if the employee is employed on shift work where continuous shifts are worked over a period of service. Annual Leave will accumulate at the rate of one third of seven days a week per month of employment(Continuous Shift Workers), then five weeks; or
(ii) for employees other than Continuous Shift Workers, then four weeks.
(b) After six weeks Annual leave shall be exclusive of employment, an employee any public holiday which may apply for accrued occur during the period of that Annual Leave pro rataLeave.
(c) The employee must formally seek approval from Annual Leave shall be paid at the Centre for leave and ordinary rate received immediately prior to Annual Leave. Note the Centre will consult other employees to check that the leave ordinary rate shall include any rate which is consistent with the needs received in excess of the Centreordinary rate payable under this Agreement.
(d) Any public holiday during A category A and B Employee shall receive an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a annual leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not employee’s ordinary rate.
(e) A shift worker shall be paid on that portion of for annual leave until at the rate payable for work in ordinary time according to the employee’s roster or projected roster including Saturday, Sunday or public holiday shift.
(f) If a public holiday falls on a day that a shift worker is rostered off an extra day shall be added to his/her leave.
(g) Employees shall take their entitlement to annual leave within twelve months of the date on which it falls due except when by agreement with their Supervisor it is deferred to a later date.
(h) Unless the leave credit would employee shall otherwise have accruedagree the employee’s Supervisor shall give the employee at least 14 days notice of the date from which the Annual Leave shall be taken.
(i) Where If the employment of an employee is terminated the employee shall be paid all leave owing at the time of termination. Furthermore the date of termination shall be extended by either the amount of accrued Annual Leave owing or the amount of Long Service Leave owing whichever is the greater. Any public holiday falling on a day the employee would have been entitled rostered to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the work during this period of incapacity of shall be calculated at the employee, Annual Leave is to be recredited ’s ordinary rate and sick leave debited insteadpaid at the time of termination.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. A. Employees may take annual leave after completing one full year of employment. Upon completion of the probationary period, Employees will be credited for the time worked during the probationary period toward eligibility for annual leave.
B. After completing the first twelve (12) months of employment, the Employee will earn ten (10) annual leave days.
C. After completing twelve (12) months of employment, Employees shall earn 1¼ annual leave days for each month worked. After completing twenty-five (25) years of employment, Employees shall earn 1½ annual leave days for each month worked. Annual leave may be accrued for a period not exceeding forty (40) days. Annual leave is only earned based upon time actually worked. Annual leave will not accrue during leaves of absence.
D. Employees are encouraged to take their annual leave during the summer or when school is not in session. The purpose of providing annual leave is to give Employees the opportunity to get away from the job long enough to rest and return to work refreshed. Therefore, annual leave should not be taken for less than one week unless approved by the Employee's immediate supervisor.
E. Requests for annual leave shall be submitted in writing to the Employee's supervisor at least three (3) work days before the requested start of annual leave. In the event of a conflict in requested annual leave, the supervisor shall schedule annual leave based upon the needs of the Employee's school. Annual leave will generally not be approved for the week following the close of school or the week before the opening of school. The District reserves the right to approve annual leave requests.
F. If an Employee dies while employed in good standing by the District, the District shall pay an amount equal to the Employee's regular and premium pay for 100% of his/her accrued annual leave, if any, to the following:
(a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at a named beneficiary if the rate of one third of a week per month of employment.Employee has filed one, or
(b) After six weeks of employmentif no named beneficiary has been filed, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from to the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs estate of the Centredeceased employee.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. (i) Annual leave of four weeks on full pay is to be granted on completion of each twelve months’ service as per the Annual Holidays Xxx 0000.
(ii) An employee shall be eligible for annual leave each year on the anniversary of the commencement of their permanent employment.
(iii) Annual leave shall be given and shall be taken in one consecutive period, two periods, or more by agreement with management. Single days of annual leave may only be taken by agreement with management.
(a) An Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of such leave may be postponed by mutual agreement between ParaQuad NSW and the employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at the rate of one third of for a week per month of employmentfurther period not exceeding six months.
(b) After six weeks of employmentNothing in this subclause shall prevent ParaQuad NSW, by agreement with the employee, from allowing annual leave to an employee may apply for accrued Annual Leave pro ratabefore the right thereto has accrued. Where leave is taken in such a case a further period of annual leave will not commence to accrue until the expiration of the period in which annual leave was taken before it accrued.
(c) ParaQuad NSW shall give each employee, where practicable, three months’ notice of the date upon which she or he shall enter upon leave, and in any event such notice shall not be less than twenty-eight days. The employee must formally seek approval from the Centre for leave and the Centre will consult other employees shall give ParaQuad NSW at least twenty-eight days’ notice of their intention to check proceed on annual leave, provided however that the leave is consistent ParaQuad NSW may dispense with the needs of twenty-eight day notice requirement dependant upon the Centreemployee’s circumstances.
(da) Any public holiday during an Each employee’s Annual Leave will , before going on leave, shall be counted and paid as such, and not as Annual Leave, if for the employee would otherwise have been period of the leave at the ordinary rate of salary to which she or he is entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeksunder this Agreement. Where an employee has more than six weeks accumulated Annual Leaveany period of permanent part-time employment during any twelve-month qualifying period for annual leave, payment for such annual leave shall be calculated on the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months basis of the excess leave accruing (or at any time after this), proportion that the average number of hours worked each week bears to take the excess leave and to do so within six months of the direction being giventhirty-eight hours.
(fvi) Annual Leave will not be paid unless the employee takes the corresponding period of absence from workParaQuad NSW may, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted accordance with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply0000, elect to close down for one period per year. In the event of this occurring, employees will be notified three months in advance and will take annual leave in this period.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. All Employees (aother than casual Employees) An employee is will be entitled to accrue up to the equivalent four (4) weeks Annual Leave in each year of servicepaid annual leave per annum. Annual Leave Hours will accumulate be accumulated weekly from the commencement of employment and will be shown on pay slips. A Continuous Shift Worker will accrue annual leave at the rate of one third the equivalent of five (5) weeks per annum for the time spent as a shift worker. The accrual will be pro-rata once the continuous shift is deemed regular and systematic. Time not worked due to authorised absences such as paid sick leave, annual leave, compassionate leave, public holidays, and R&R will count as continuous service for the purpose of this clause. Annual leave can be taken: • By the Employee requesting to take accrued annual leave. Leave approval is subject to the operational requirements of the workplace; • Annual leave needs to be applied for at least 30 days in advance; • Annual leave taken shall be paid at the All-Purpose Rate for ordinary hours plus an annual leave loading of 17.5%; and • By the Company directing an Employee to take accrued annual leave in accordance with the provisions of the “The Act” where the Employee has an excessive accrual of leave or to observe an employer close down. Annual leave shall be paid at the Employee’s All-Purpose rate of pay for ordinary hours worked. Full time Employees shall be entitled to four (4) weeks of annual leave per annum paid at their All-Purpose Hourly Rate for (7.6) hours per rostered shift or, if an Employee chooses, paid at their All-Purpose Hourly Rate for the number of hours usually rostered on a shift. Hours of annual leave taken will be deducted from hours of annual leave accrued. For the purpose of the additional week of annual leave provided for in the NES, a shift worker means a continuous shift worker. The Company may require Employees to utilise some accrued annual leave for shut downs over the Christmas period or at other times that suit operational needs. If a public holiday falls during a period of paid annual leave, the Employee will be paid for the public holiday separately. This day will not be deducted from the Employee’s annual leave balance. If sick leave occurs during a period of paid annual leave, an Employee upon providing the Company satisfactory evidence in the way of a week per month medical certificate by a registered medical practitioner, will be entitled to be paid the sick leave separately from their personal / carer’s leave balance. This day will not be deducted from the Employee’s annual leave balance. It is in the interests of employment.
both the Company and the Employee for leave to be taken, therefore leave balances should not, in general, exceed eight (b) After six 8) calendar weeks for day workers and 10 weeks for continuous shift workers. In addition to this, in certain circumstances, the Company can direct an Employee to take their paid annual leave, however the request must be reasonable. At the time of termination of employment, an employee may apply for all untaken accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not shall be paid unless the employee takes the corresponding period of absence from work, except out at the end rate of an employee’s employment, when pay applying to the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment Employee at the time of leaving.
(h) The rate of pay for Annual termination. Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until accrued upon termination from the date Company at 17.5%. By written agreement with the Company, permanent Employees may elect to cash out part of their accumulated annual leave credit would otherwise have accrued.
(i) Where an employee would have been entitled entitlement provided their remaining accrued entitlement to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the paid annual leave is accrued, not less than equivalent four (4) weeks in accordance with the employee will reimburse the Centre the Act. The maximum amount of accrued paid annual leave that has yet to accruemay be cashed out in any period of twelve (12) months is two (2 weeks).
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 18.1 Regular full-time Employees shall accrue annual leave benefits based upon the following schedule: Continuous Years District Service Days Per Year Hours Per Month 40 Hour Week Up to 1 12 8.000 Over 1 13 8.667 Over2 14 9.333 Over4 15 10.000 Over? 16 10.667 Over10 17 11.333 Over 13 18 12.000 Over15 24 16.000 Regular part time (a20 hours or more) An employee Employees accrue pro-rated annual leave based upon the number of regularly scheduled work hours. Employees may not accrue more than 32 days (256 hours) annual leave; provided, however, Employees shall not lose annual leave accrual if the Employee's scheduled annual leave is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate canceled, at the rate request of one third management, due to an emergency; provided the annual leave lost because of a week per month an emergency is rescheduled within ninety (90) days.
18.2 Employees may not use accrued annual leave until they have completed six months of continuous employment.
18.3 If a recognized holiday falls during an Employee's annual leave, the holiday shall not be counted against the Employee's annual leave.
18.4 If an Employee becomes ill during his/her annual leave, he/she may choose to apply sick leave rather than annual leave, as appropriate.
18.5 Requests for annual leave shall be approved by the supervisor. The sequence of requests (bfirst) After six weeks and seniority (second) shall determine annual leave requests for the same time.
18.6 Upon termination of regular employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (Employee or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not his/her beneficiary shall be paid unless the employee takes the corresponding period of absence from work, except for all accrued annual leave at the end Employee's rate of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment pay at the time of leavingtermination.
(h) 18.7 The rate District shall inform each Employee of pay for Annual Leave is the ordinary rate of salary plus a his/her accrued annual leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading upon request.
18.8 Employees will not be paid on that portion accrue one day of annual leave until for the date month in which they are hired if they begin work on or before the leave credit would otherwise have accrued.
fifteenth (i15th) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited month and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves work continuously through the Centre rest of the month. Employees who separate from the District on or before the 15th day of any month will accrue annual leave is accrued, for the employee will reimburse pay period in which they separate. Employees who separate from the Centre District after the amount 15th day of any month shall accrue one day of annual leave for that has yet to accruemonth.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Annual Leave. i) All full-time employees are entitled to 152 hours annual leave per annum. Annual leave accrues progressively. For the purpose of the NES, a shift worker is: • An employee who works for more than 4 ordinary hours on 10 or more weekends during the yearly period in respect of which their annual leave accrues; or • An employee who works at least eight 24-hour care shifts in accordance with U.1.6 – Community Care – 24 hour care, during the yearly period in respect of which their annual leave accrues; and is entitled to an additional week’s annual leave on the same terms and conditions.
ii) Part-time and maximum term employees will be entitled to the same accrual rate of annual leave based on ordinary hours worked.
iii) Annual leave will be taken at a time or times mutually agreed between an employee and their manager. Requests for annual leave should be made 4 weeks in advance of the proposed leave period. The employer will not unreasonably refuse such a request for annual leave.
iv) Where an annual shut down of operations is the current practice or where the parties agree, the employer may direct that up to three weeks of annual leave be taken, if at least eight weeks’ notice is given. In such case where a new employee does not have sufficient annual leave accrual, the employer will grant paid leave in advance of accrual. Public Holidays that fall during this period will be paid by the employer.
v) Annual leave should be taken by the employee within twelve months of the date upon which the right to such leave accrues.
vi) The employer has an expectation that each employee will take at least two weeks of annual leave in each year. The employer reserves the right to discuss the taking of leave with the employee where the employee has not taken any leave for a period longer than 6 months and does not have a leave period planned and/ or approved by the employer. The purpose of the discussion will be to reach an agreement on when the employee will take planned annual leave.
vii) Subject to the process in vi) above, if no arrangement is reached as to the taken of leave, the employer may require the employee to take such leave at a time directed by the employer, provided that the employee cannot be directed to take such leave unless they have accrued in excess of 150% of their annual entitlement to annual leave (defined as ‘excessive annual leave’). Provided further, that any such direction by the employer for an employee to take a period of annual leave must: • relate to a minimum period of leave of one week; • provide at least 8 weeks’ notice; and ensure the employee maintains at least six weeks annual leave, unless agreed otherwise by the employee.
viii) In accordance with s324(1)(b) of the Fair Work Act 2009, if an employee has debit of leave on separation the employer may retain an equivalent amount from any monies owed.
ix) If a public holiday, as specified in this Agreement, falls within an employee’s annual leave, that day shall not be deducted from the annual leave entitlement.
x) Annual leave is to be paid to the employee at the higher of:
(a) An the amount the employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate at would have been paid for the rate of one third of a week per month of employment.ordinary hours the employee would normally have worked; or
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus including a leave loading of 17.5% of the gross salary ordinary hourly rate of pay for the period of leave. However, where leave taken.
xi) Leave loading will apply to all untaken accrued annual leave as described in this clause on termination of employment.
xii) An employee and employer may agree to defer payment of the Centre has allowed an employee to anticipate future leave credits, annual leave loading will not in respect of single day absences, until at least five consecutive annual leave days are taken.
xiii) Except on application, the payment of wages during annual leave for a period of less than one week shall be paid on that portion of annual leave until at the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity completion of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves pay cycle rather than the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions commencement of the Annual Xxxxxxxx Xxx 0000 also applyleave.
Appears in 1 contract
Annual Leave. Employees shall be entitled to four weeks’ leave per year, the annual leave entitlement being due one year, less the period of leave, after the annual leave entitlement became due. Payment for leave so prescribed shall be at ordinary rates (including permanent shift allowance) plus 20 per cent.
(a) An Annual leave under this clause shall be given and taken within a period not exceeding six months from the date upon which the right to such leave occurred; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the employer from allowing annual leave to an employee before the right thereto has accrued, but, where such leave is entitled taken before the right thereto has accrued, further leave shall not commence to four weeks Annual Leave accrue until after expiration of the 12 months in each year respect of service. Annual Leave will accumulate at the rate of one third of a week per month of employmentwhich such annual leave has been taken.
(b) After six weeks Any employee whose employment is terminated by the employer through no fault of his own and any employee who leaves his employment, an employee may apply shall be paid for accrued Annual Leave pro ratathe proportionate period of annual leave to which he would have been entitled if his employment had not been so terminated.
(c) The employee must formally seek approval from the Centre annual leave provided for leave by this clause shall be given and the Centre will consult other employees to check that the leave is consistent with the needs shall be taken and payment shall not be made or accepted in lieu of the Centreannual leave.
(d) Any public holiday during Service with an employee’s Annual Leave will be counted and paid employer before the date of coming into force of this Agreement shall count as such, and not as Annual Leave, if service for the employee would otherwise have been entitled to that public holidaypurpose of the current qualifying 12-monthly period under this clause.
(e) Annual Leave should not The annual leave loading shall be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any paid on proportionate leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being giventermination.
(f) Annual Leave will Where the plant or part thereof is closed down for maintenance purposes, or over the Christmas period, affected employees may be required to take annual leave. The employer shall give as much notice of such close-downs as possible. Employees who are not entitled to a full annual leave credit may be paid unless leave on a proportionate basis or be stood down for the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% duration of the gross salary shut down. Such a stand-down shall be counted as service for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity all purposes of the employee, Annual Leave is to be recredited and sick leave debited insteadAgreement.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee is entitled to four weeks Annual Leave in each year of service. Annual Leave will accumulate Full-time, Part-time and Fixed-term Employees shall accrue paid annual leave at the rate of one third 0.07693 hours for each base hours employed. For information purposes, this equates to 160 hours of paid leave for a Full-time Employee per year. Employees are able to access paid annual leave as it accrues, provided that any annual leave requested and approved shall be in a minimum of 8 hour blocks. Due to the nature of the employment contract, Casual Employees shall not accrue or receive any annual leave during their term of employment. Payment to an Employee on annual leave shall be the Employee’s base single time rate prescribed by this agreement. If the employment of an Employee is terminated before the expiration of a week per month of employment.
(b) After six weeks full year of employment, the Employee shall be paid in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s base single time rate, excluding any allowances or other loading. Employees are required to use any or all of their annual leave entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with 2 weeks notice of their intention to take annual leave. The Employer shall attempt to comply with an employee may apply Employee’s request for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the Centre will consult other employees Employer may not grant the request for annual leave. Employees may be required to check that take annual leave during a designated closure of the leave is consistent business, should this be required, the Employer shall provide Employees with the needs of relevant dates at an appropriate time. Should an Employee not have accrued sufficient annual leave for such a closure period, the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if Employer may require the employee would otherwise have been entitled Employee to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weekstake annual leave prior to the Employee accruing sufficient annual leave. Where an employee has more than six weeks accumulated Annual LeaveEmployee accesses paid annual leave prior to it accruing such, the Centre may consult Employer has the employee about a suitable time right to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however withhold an amount of money from the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), Employee’s termination payment equal to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that is still in debit. An Employee shall be required to sign to accept the specific amount at the time of approval. Where an Employee accrues excessive annual leave (as determined in Clause 1.7 of this agreement) the company may request the Employee to take up to ¼ of their accrued leave on the provision of 2 weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave purposes shall be paid to the Employee incrementally during the period of leave on their regular pay day or as otherwise mutually agreed between the Employee and the Employer. Annual leave shall be exclusive of any statutory holiday that occurs during the period of annual leave. Annual Leave loading has yet been included in the base single time rate and therefore no additional leave loading is payable by the Employer to accrue.
(k) The provisions the Employee at any time under this agreement. At the discretion of the Annual Xxxxxxxx Xxx 0000 also applyEmployer an Employee is able to “cash in” up to half of their annual leave and forego that amount of leave per 12 month period of employment. Such a payment shall be equal to the amount the Employee would have been paid if they had taken the leave. Any requests to “cash in” annual leave provision should be made by written completion and signature of the appropriate forms.
Appears in 1 contract
Annual Leave. i. Day Workers and Shift Workers (a) other than seven day shift workers). See provisions of Annual Holidays Xxx 0000, as amended. Annual Leave loading shall be 20%.
ii. Seven Day Shift Workers: In addition to the leave prescribed by the Annual Xxxxxxxx Xxx 0000, as amended, a further period of seven days leave with 38 hours pay at ordinary rates shall be allowed annually to employees after not less than 12 months continuous service as seven day shift workers in this agreement, less the period of annual leave.
iii. An employee with 12 months continuous service who is employed for part of the 12 monthly period as a seven day shift worker under this award shall be entitled to have the annual leave increased by half a day for each month he is continuously employed as aforesaid to the maximum of the full entitlement.
iv. Where the additional leave calculated under the subclause (iii) of this clause is or includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.
v. Annual leave under this subclause shall be given and taken within a period not exceeding six months from the date upon which the right to such leave accrues: Providing that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within that said period of six months. Nothing in this paragraph shall prevent from allowing annual leave to an employee before the right thereto has accrued, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect to which such annual leave has been so taken.
vi. After 12 months continuous service any employee whose employment is terminated by the employer through no fault of his or her own and any employee who leaves his employment in circumstances which do not amount to misconduct, after six months continuous service in his then current qualifying 12 month period, shall be paid for the proportionate period of annual leave to which he would have been entitled if his employment has not been so terminated.
vii. The annual leave period for by this subclause shall be given and shall be taken, and, except as provided in paragraph iii. and vi. of this subclause, payment shall not be made or accepted in lieu of annual leave.
viii. Where any special or public holidays, for which a continuous process shift workers is entitled to four weeks Annual Leave payment under this award occurs during the period of additional annual leave provided for by this subclause the said period of leave shall be increased by one day in each year respect of service. Annual Leave will accumulate at the rate of one third of a week per month of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that special or public holiday.
(eix. Seven day shift roster workers will be paid average pay when proceeding on Annual leave that includes:
a) Shift Allowance
b) Weekend Penalties
c) 21st Shift but does not include annual leave loading.
x. The introduction of two Annual Leave should not shutdowns one of which to be accumulated beyond a minimum of two weeks and a maximum of six weeksthree weeks duration within the December/January period the exact date to be set no later 1st September each year. Where an employee has more than six The second Annual Leave Shutdown to be 1-2 weeks accumulated Annual Leave, duration depending on Christmas Shutdown at the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months discretion of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six employer with a minimum of one months notice of the direction being given.
(f) proposed shutdown. The extra week Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary entitle ment for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is seven day-shift workers to be recredited taken by agreement between employer and sick leave debited insteademployee. These arrangements are to enable the flexibility to allow for necessary maintenance on equipment and productivity requirements.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An ❒ Full-Time ❒ Part-Time □ Casual
a. Full Time Shift Workers are entitled to six weeks annual leave. • For the purpose of the additional weeks of annual leave provided by the NES, a shiftworker is defined as : an employee who is not a Day Worker as defined in Section B Definitions of this Agreement:
b. All other Employees are entitled to four weeks Annual Leave annual leave to be taken at a time that is mutually agreeable between the Employee and the Employer.
c. If the Employee is rostered to work their ordinary hours of work on Sundays and/or public holidays is entitled to additional paid leave ("counter leave") per annum as follows: 3 shifts or less Nil 4-10 shifts one day 11-17 shifts two days 18-24 shifts three days 25-31 shifts four days 32 or more five days provided that an Employee may elect to be paid, when proceeding on annual leave, an amount equivalent to the value of their additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the Employee at the commencement of each year of service. Annual Leave will accumulate at employment and is irrevocable during the rate currency of one third of a week per month that year of employment.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rata
(c) d. The employee must formally seek approval from the Centre for leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre Employer may direct an employee, within three months Employee to: • take two weeks annual leave where they have accrued a balance of more than eight weeks; or • take leave during a period of low patient activity or in the excess leave accruing (or at any time after this), event of an emergency affecting continuity of hospital operation. If directed to take excessive leave, the excess Employer will provide the Employee with written notification of their leave balance and will be asked how and when they will take leave to do so within six months of reduce this balance, including by the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end submission of an employee’s employmentannual leave form. Alternative arrangements may be put in place by the Employer if an Employee is building leave balances in planning for a significant personal occasion or event (such as travel, when the employee is entitled to payment as set out in subclause 34 (gmaternity, or another special occasion).
(g) When e. Annual leave credited to an employee finishes employment they will Employee may be cashed out as per the NES and is subject to the following conditions • the Employee must elect in writing to receive pay in lieu of an amount of annual leave; • the Employee must be paid all accrued Annual Leave plus any leave loading owing in at least the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on full amount that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled payable to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of Employee had the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before taken the leave is accrued, the employee will reimburse the Centre the amount of including annual leave loading that the Employee has yet to accrue.
(k) The provisions of forgone; and • the Annual Xxxxxxxx Xxx 0000 also apply.Employee’s remaining accrued annual leave entitlement is at least four weeks
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. (a) An employee The parties agree of the importance of taking annual leave on an annual basis, to have a break from work. As such, it is entitled to four weeks Annual Leave expected employees take their annual leave entitlement each year.
24.1 Employees, excluding shift workers and casuals, shall accumulate 144 hours of annual leave in each complete year of service. An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
24.2 This annual leave will be approved by Ausgrid provided that adequate employees are available to meet the needs of the organisation. Ausgrid must not unreasonably refuse to agree to a request by an employee to take paid annual leave.
24.3 Annual Leave will accumulate leave may be taken in any combination of separate periods. These should be taken in whole days.
24.4 Payment for annual leave shall be at the ordinary rate of one third pay. SeeAppendix 4 – Career, Capability and Remuneration or Clause 45.7 Acting in Positions (Professionals, Managers & Specialists) in relation to Higher Grade Pay
24.5 Employees may be allowed to take a period of annual leave in advance of its accrual, subject to approval. Where their employment subsequently terminates before the leave has accrued on a pro rata basis, the employee agrees Ausgrid may deduct any pre-payment from their termination pay.
24.6 Any Agreement/Public Holidays which occur during annual leave shall not be deducted from annual leave entitlements.
24.7 Rostered days off do not accrue during periods of annual leave.
24.8 If an employee provides evidence that during a period of annual leave, their absence included a period of any other leave (other than unpaid leave), or a period of absence for community service leave, then the period of leave which is affected will be re-credited as annual leave and converted to the appropriate type of leave.
24.9 Seven Day Shift workers shall accrue 200 hours of annual leave in each complete year of service. A Seven Day Shift worker’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
24.10 A shift worker who is not a Seven Day Shift worker shall accrue 160 hours of annual leave in each complete year of service which accumulates from year to year. A shift worker who is not a Seven Day Shift worker’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
24.11 Employees who have worked as Seven Day Shift workers for part of a week year shall receive a pro rata entitlement to additional annual leave.
24.12 When an employee ceases employment for any reason, they shall be paid for any annual leave which has not yet been taken for each completed year of service. The employee shall also be paid a pro rata amount for any leave which has not been taken for any partly completed year of service. Payment for all outstanding annual leave shall be at the amount that would have been payable to the employee had the employee taken that leave. (Subject to Appendix 4 – Career, Capability and Remuneration or Clause 45.7 Acting in Positions (Professionals, Managers & Specialists) in relation to Higher Grade Pay).
24.13 Employees shall not commence annual leave whilst on personal leave or accident leave.
24.14 All annual leave is paid at the employee’s Ordinary Rate of Pay which includes, all purpose allowances as defined and Higher Grade Pay where applicable (See Appendix 4 – Career, Capability and Remuneration or Clause 45.7 Acting in Positions (Professionals, Managers & Specialists). Shift workers are paid for their annual leave at their ordinary rate of pay inclusive of shift allowances or receive an annualised holiday loading paid at 1.65% each week, whichever is the greater. For shift workers the annual rate of pay (except for District Operators, Systems Operators and Area Operators) will also include the additional holiday leave loading as detailed in this clause.
24.15 Subject to approval of Ausgrid, employees may use single days of annual leave to look after sick relatives or deal with emergencies. In these circumstances, the employee shall provide his/her manager with as much notice as possible before the scheduled start of work for which they wish to be absent.
24.16 Where an employee has an annual leave balance in excess of 216 hours for a day worker or a shift worker who is not a Seven Day Shift worker or 300 hours for a Seven Day Shift Worker, the employee and manager will develop an excess annual leave reduction plan to reduce the annual leave balance within 12 months to not more than 216 or 300 hours respectively. The excess annual leave reduction plan must be agreed within a 2 month period of the employee being notified of their excess annual leave balance by the Manager. Both parties must adhere to the plan, unless changes are agreed by both parties as to the timing and/or duration of the leave.
24.17 Subject to clause 24.18, Ausgrid may direct an employee to take excess annual leave:
(a) if a leave plan is not agreed as per month of employment.clause 24.16; and
(b) After six weeks of employment, an by giving the employee 10 weeks’ written notice.
24.18 An employee may apply for accrued Annual Leave pro rata
(c) The employee must formally seek written approval from their manager to increase their annual leave hours in excess of clause 24.16 due to extenuating circumstances. Approval is subject to:
25.18.1 adequate resources being available to meet business needs for any periods of increased annual leave when it is taken; and
25.18.2 a future annual leave request which is at least equal to the Centre for excess annual leave hours as defined in clause 24.16 is approved in the business system. Annual leave approved in accordance with clause 24.18 can only be cancelled by mutual agreement between the employee and their manager. The manager will take into account any exceptional circumstances which are beyond the Centre will consult other employees to check that employee’s control when determining if the leave is consistent with the needs to be cancelled or rescheduled.
24.19 A shift worker who is a member of the Centre.
XXXX Retirement Scheme (dDefined Benefits Superannuation Scheme) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled may seek written approval from their manager to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any increase their annual leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months in excess of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out hours defined in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion of annual leave until the date the leave credit would otherwise have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrue.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.clause
Appears in 1 contract
Samples: Enterprise Agreement
Annual Leave. 26.1 When and how much annual leave is an employee entitled to?
(a) An employee is Employee (not including a casual) will be entitled to four weeks Annual Leave accrue and take annual leave in each year of service. Annual Leave will accumulate at accordance with the rate of one third of a week per month of employmentAustralian Fair Pay and Conditions Standard (“the Standard”) as set out in the Act.
(b) After six For example, a full-time Employee engaged to work 38 hours per week will accrue 4 weeks of employment, an employee may apply for accrued Annual Leave pro rataannual leave during a 12 month period.
(c) The employee must formally seek approval from the Centre for Annual leave and the Centre will consult other employees to check that the leave is consistent with the needs of the Centrebe credited at least monthly.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if 26.2 What are the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. pay rates for annual leave? An employee will not forfeit any Employee before going on leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary his or her wages for the period of leave. HoweverThe pay will be at the rate of pay prescribed for the classification in which the Employee was ordinarily employed immediately prior to the commencement of his or her leave. The wage for annual leave purposes does not include overtime or allowances. In addition, where the Centre has allowed Employees will receive an employee to anticipate future leave credits, annual leave loading will not be of seventeen and one-half (17.5) per cent of the amound paid on that portion to the Employee for the period of the leave.
26.3 When to take annual leave?
(a) The Company and an Employee can agree when the Employee is to take annual leave until and the date the leave credit would otherwise have accruedperiod of such leave.
(ib) Where an employee would have been entitled An Employee may request when he or she is to sick take annual leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating and the period of incapacity such leave provided the request is in writing and given to the Company at least four (4) weeks prior to the proposed commencement of the employee, Annual Leave period of leave. The consent of the Company shall not be unreasonably withheld. Operational requirements will be taken into account by the Company.
(c) The Company may direct an Employee to take annual leave if the Employee has an annual leave bank of more than 1/13th of the number of nominal hours the Employee worked in the previous 104 weeks. The amount of leave that the Company may direct the Employee to take is to be recredited and sick leave debited instead.
(j) The Centre may in appropriate circumstances allow an employee to anticipate future leave creditsequal to, provided that where an employee leaves the Centre before the leave is accruedor less than, the employee will reimburse the Centre 1/4 of the amount of annual leave that the Employee has yet credited at the time the direction to accruetake annual leave is given to the Employee.
26.4 Can annual leave be taken in advance of when it is due? The Company may, if it thinks fit, give at any time in advance the period of continuous leave on full pay prospectively due. Where the leave has been taken before the right to the annual leave has accrued, the right to further annual leave will not commence to accrue until after the expiration of the year of employment in respect of which the leave has been so taken.
26.5 Can annual leave be cashed out? Except in cases of termination of employment or as otherwise provided by this clause, the Company will not make payment to an Employee instead of the leave to which the Employee is entitled under this clause.
26.6 What happens when public holidays fall within annual leave? Where any public holiday for which the Employee is entitled to payment under this Agreement occurs during any period of leave taken by an Employee under this clause, the period of the leave will be increased by one day in respect of that holiday provided that the payment for such holiday will not be included in the calculation of the annual leave loading.
26.7 Payment for leave on termination of employment
(a) If an Employee's employment is terminated, the Company will pay the Employee all annual leave entitlements owed. Where periods of leave which have accrued do not equate to one (1) year's entitlement, payment will be made of an amount equal to one-twelfth (1/12th) of the Employee's pay for ordinary time worked for that period of employment. No annual leave loading is due for periods of leave paid out for less than a year.
(kb) Where leave has been taken in advance by an Employee and the Employee leaves or is discharged before accruing that leave, the Company will use the amount already paid to offset any sums which would otherwise be paid under 26.7(a). If the monies already paid to the Employee exceed whatever monies would be payable under 26.7(a), the excess will be deducted from any remuneration payable to the employee on termination.
26.8 How to calculate the leave entitlement
(a) The provisions following absences will be taken into account as time worked for the purpose of calculating an Employee's annual leave entitlement:
(i) long service leave, annual leave, sick leave, public holidays, paid bereavement leave, paid training leave and jury service.
(ii) any interruption or termination of the Annual Xxxxxxxx Xxx 0000 also applyemployment by the Company which has been made with the intention of avoiding obligations under this clause.
(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purpose of this Agreement including:
(i) Any absence with reasonable cause, proof of which will be upon the Employee.
(ii) Any leave without pay taken with the agreement of the Company.
Appears in 1 contract
Samples: Collective Agreement
Annual Leave. (a) An employee is Employee’s entitlement to leave
(i) Employees shall be entitled to four (4) weeks Annual Leave annual leave in respect of each 12 months service.
(ii) Such annual leave accrues progressively during a year of service. Annual Leave service according to the Employee’s ordinary hours of work and accumulates from year to year.
(iii) From 1 July 2023, employees will accumulate commence accruing annual leave at the rate of one third five (5) weeks per year of a week per month of employmentservice.
(b) After six weeks of employment, an employee may apply for accrued Annual Leave pro rataEmployee taken to not be on paid annual leave at certain times
(ci) The employee must formally seek approval from If the Centre for period during which an Employee takes paid annual leave and the Centre will consult other employees to check includes a day or part-day that the leave is consistent with the needs of the Centre.
(d) Any a public holiday during an employee’s Annual Leave will in the place where the Employee is based for work purposes, the Employee is taken not to be counted and on paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to annual leave on that public holiday.
(ii) Where other periods of leave occurs (other than unpaid parental leave), or a period of absence from employment for community service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence.
(c) Effect of termination on annual leave An Employee who leaves or is dismissed shall receive payment for any annual leave accrued but not taken and shall include annual leave loading.
(d) Time of taking leave
(i) Paid annual leave may be taken for a period agreed between an Employee and Employer.
(ii) The Employer will not unreasonably refuse to agree to a request by an Employee to take paid annual leave.
(e) Annual Leave should not Payment for period of leave Employees shall receive their ordinary pay during all periods of annual leave. Employees may request that before going on leave, such leave be accumulated beyond a maximum paid in advance, otherwise the leave will be paid in the normal pay fortnights for the period of six weeks. Where an employee has more than six weeks accumulated Annual Leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being givenleave.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed an employee to anticipate future leave credits, leave loading will not be paid on that portion Additional week of annual leave until the date the leave credit would otherwise have accrued.leave
(i) Where an employee would have been An Employee who:
(1) works or is on-call on ten or more weekends during the yearly period in respect of which their annual leave accrues; and / or
(2) is regularly rostered to work Sundays and public holidays; is entitled to sick an extra week of annual leave but in addition to the annual leave prescribed in clause 26(a). Such an Employee is a ‘shiftworker’ for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity purposes of the employee, Annual Leave is to be recredited and sick leave debited insteadNES.
(jii) The Centre may in appropriate circumstances allow an employee Subclause 26(f)(i)(1) shall not apply to anticipate future leave credits, provided that where an employee leaves any weekend on which the Centre before the leave Employee works or is accrued, the employee will reimburse the Centre the amount of annual leave that has yet to accrueon call for four (4) hours or less.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Annual Leave. (a) An employee is All employees, other than casual employees, shall after the completion of twelve months’ continuous service, be entitled to the equivalent of four weeks Annual Leave in each year annual leave (five weeks for continuous shift work employees). This leave shall be exclusive of servicepublic holidays which occur during the period and will be paid at normal ordinary time rates. Annual Leave will accumulate Part-time employees shall be entitled to the annual leave prescribed, provided that the payment shall be made at the rate paid to the employee for a similar period of one third of a week per month of employment.
(b) After six weeks of employment, an employee may time worked. Employees will apply for accrued Annual Leave pro rata
(c) The employee must formally seek approval from annual leave in writing and will be advised of approval. Wherever possible, this return notice shall be given at least one month before the Centre for leave and the Centre will consult other employees to check that commencement of such leave. By mutual agreement, the leave is consistent with the needs may be taken in any combination. Employees may elect in writing for payment in advance of the Centre.
(d) Any public holiday during an employee’s Annual Leave will be counted and paid as such, and not as Annual Leave, if the employee would otherwise have been entitled to that public holiday.
(e) Annual Leave should not be accumulated beyond a maximum commencement of six weeksleave. Where an employee has more than six is in receipt of higher duties allowance, for a period of two weeks accumulated Annual Leavefor outdoor workers and a period of three months for indoor workers, immediately prior to the commencement of leave, the Centre may consult the employee about a suitable time to take such Annual Leave. An employee will not forfeit any leave entitlement accrued above six weeks, however the Centre may direct an employee, within three months of the excess leave accruing (or at any time after this), to take the excess leave and to do so within six months of the direction being given.
(f) Annual Leave will not be paid unless the employee takes the corresponding period of absence from work, except at the end of an employee’s employment, when the employee is entitled to payment as set out in subclause 34 (g).
(g) When an employee finishes employment they will be paid all accrued Annual Leave plus any leave loading owing in the form of a lump sum payment at the time of leaving.
(h) The rate of pay for Annual Leave is the ordinary rate of salary plus a leave loading of 17.5% of the gross salary higher amount for the period of leave only if the officer will be returning to that higher-paid position on the completion of such leave. HoweverOn application, where an outdoor employee has received a higher duties allowance during the Centre has allowed an employee to anticipate future qualifying period of leave, payment for leave credits, leave loading taken will include on a pro-rata basis the higher duties paid. Periods of less than a week will not be counted, unless they total at least 20 full days in a full year. To be paid on that portion in November of each year with leave loading. An employee who, during a period of annual leave until leave, suffers illness or injury shall, subject to meeting the date the leave credit would otherwise criteria specified in Clause 5.2.6, have accrued.
(i) Where an employee would have been entitled to sick leave but for being on Annual Leave and, within three months an amended leave form is submitted with a medical certificate stating the period of incapacity of the employee, Annual Leave is illness or injury treated as personal leave and will be credited to be recredited and sick their leave debited instead.
(j) The Centre may in accruals account that appropriate circumstances allow an employee to anticipate future leave credits, provided that where an employee leaves the Centre before the leave is accrued, the employee will reimburse the Centre the amount of annual leave. Annual leave will be credited upon the completion of each four week period of service. Upon termination, an employee will be paid leave owing and that has yet accrued on a pro-rata basis to accruethe date of termination. Employees may accrue up to 8 weeks leave entitlement. Annual leave will not accrue during periods of unpaid leave.
(k) The provisions of the Annual Xxxxxxxx Xxx 0000 also apply.
Appears in 1 contract
Samples: Union Collective Agreement