Direction to Take Excess Annual Leave Sample Clauses

Direction to Take Excess Annual Leave. (a) In circumstances where a school officer or services staff employee’s accrued annual leave balance exceeds eight (8) weeks or equivalent hours, the employing authority may direct this employee to take the full period of annual leave that exceeds the eight (8) weeks, or part thereof. The quantum of annual leave in excess of eight (8) weeks subject of this direction shall be at the discretion of the employing authority. (b) Prior to giving a direction to take leave as provided for in clause 6.2.5 (a) above the employer shall consult with the employee and attempt to obtain an agreement as to when such annual leave will be taken. Consultation will include consideration of the following: (i) the needs of the employee; (ii) the needs of the school; (iii) the employee’s future intentions regarding the taking of annual leave; (iv) any agreed arrangement with the employee; (v) the custom and practice in the school; (vi) the timing of the requirement or direction to take leave; and (vii) the reasonableness of the period of notice given by the employee to take leave. (c) In the absence of an agreement with the employee, the employer shall determine when the annual leave is to be taken, provided that the employee is given notice of at least three (3) calendar months.
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Direction to Take Excess Annual Leave. (a) Where an Employee has accrued more than 2 years of paid annual leave (including additional leave for Shiftworkers) such Employee has an excessive leave accrual (Excess Leave). (b) In the circumstances of Excess Leave, the Employer may direct the Employee to take a period of annual leave (Direction) by giving not less than 8 weeks and not more than 12 months’ notice to the employee (Notice), subject to the following: (i) 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); (ii) The Employer will not unreasonably refuse to agree to an Employee’s annual leave reduction plan which includes saving leave for an extended absence within 12 months of the date of agreement to the leave reduction plan. The agreement is to be in writing and signed by both the Employer and Employee; and, (iii) The Direction cannot result in the Employee being directed to reduce the accrued leave to less than six weeks.
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Direction to Take Excess Annual Leave. (a) Annual leave must be taken within 18 months following the date of accrual. (b) The Employer may direct the Nurse Caregiver to take a period of annual leave provided that the Employer must first meet with the Nurse Caregiver to genuinely attempt to agree on ways to reduce the amount of untaken accrued leave. (c) If agreement cannot be reached, an Employer can then give a written direction to a Nurse Caregiver to take a period (or periods) of annual leave, subject to the following requirements: (1) The direction must be in writing and must not result in the Nurse Caregiver retaining less than the caregiver’s annual entitlement after the directed annual leave is taken. For example, a Caregiver who is entitled to four weeks annual leave, with a balance of six weeks, may be directed to take up to two weeks. A Nurse 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 seven and one-half weeks, may be directed to take up to two and one-half weeks. (2) The Nurse Caregiver cannot be directed to take any period of leave of less than one week; (3) The leave cannot commence less than four weeks or more than 12 months after the date of the direction; and (4) The direction cannot otherwise be inconsistent with any leave arrangements already in place, such as leave already agreed to; (5) After a direction is given, the Nurse Caregiver can still request a period of annual leave as if the direction had not been made. If this happens, the Employer cannot unreasonably refuse this request. (6) The direction will be automatically deemed withdrawn where a separate period of annual leave is agreed after a direction is made, if the direction would then result in the Nurse Caregiver's remaining annual leave entitlement falling below the threshold specified in (vi)(c)(1) above.
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Direction to Take Excess Annual Leave. The University may also direct an employee in writing to take leave at an agreed time within six months from the date of the written direction where the employee has accumulated annual leave in excess of 40 days (or pro-rata for part-time employees), unless the employee has reached a prior agreement with their supervisor. If no agreement is reached, the University may specify the dates when the leave is to be taken, reduce the leave down to 30 days and the employee will be taken to be on leave in accordance with that direction.
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Direction to Take Excess Annual Leave. 48.4.1 An employee has an excessive leave accrual if the employee has accrued more than 40 days (eight
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Direction to Take Excess Annual Leave. 54.1 The Company may direct an Employee to take paid annual leave if the Employee has accrued more than eight (8) weeks’ paid annual leave, and the Company and the Employee are unable to reach agreement on the taking of leave. 54.2 The Company must give an Employee at least twenty-eight (28) days’ notice prior to the date the Employee is required to commence the leave. 54.3 The amount of annual leave the Employee is directed to take must be less than or equal to a quarter of the amount of leave accrued.
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Direction to Take Excess Annual Leave a) The University will use a leave management plan in the first instance to encourage Employees to use their leave. b) If a leave management plan cannot genuinely be agreed with an Employee who has accrued in excess of thirty (30) days of annual leave they can be directed to take annual leave, or a pro rata amount for a Part time Employee. c) The minimum remaining leave balance following a direction to take annual leave must be no less than four (4) weeks (or 20 days) of annual leave, or a pro rata amount for a Part time Employee. d) The University will provide Employees with a minimum two (2) months’ notice prior to the date they are required to take the annual leave. e) As an alternative to clause 22.15(b), Employees may elect to cash out excess leave in accordance with clause 22.12.
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Related to Direction to Take Excess Annual Leave

  • Taking annual leave (a) Any employee may take paid annual leave if sufficient annual leave has been credited to that employee and the employer has authorised the leave being taken.

  • Entitlement to Annual Leave For each year of service with the Employer a full-time or part-time Employee is entitled to four (4) weeks of paid annual leave.

  • Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period. (b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.

  • Payment of Annual Leave Upon resignation, retirement, or dismissal of any employee in the bargaining unit, he/she shall receive a sum equal to the number of days of annual leave remaining to his/her credit, provided that any or all amounts may be applied to offset any amounts owed the state by the employee. In the event of death of an employee while in the bargaining unit, a sum equal to the number of days annual leave remaining shall be paid to his/her estate.

  • Reinstatement of Vacation Days - Sick Leave In the event an employee is sick or injured prior to the commencement of his/her vacation, such employee shall be granted sick leave and the vacation period so displaced shall be added to the vacation period if requested by the employee and by mutual agreement, or shall be reinstated for use at a later date.

  • Cashing out annual leave The employee may, with the agreement of the employer, request in writing, to cash out up to two weeks of their annual leave during each 12 month period. Annual leave cannot be cashed out in advance of it being credited to the employee. Cashed out annual leave will be paid at the rate of pay that the employee receives at the time when the request is made.

  • Deductions from Sick Leave A deduction shall be made from accumulated sick leave of all normal working days (exclusive of holidays) absent for sick leave.

  • Payment for Unused Sick Leave (a) An employee with less than ten (10) years of FIU service who separates from FIU shall not be paid for any unused sick leave. (b) An employee who has completed ten (10) or more years of FIU service, has not been found guilty or has not admitted to being guilty of committing, aiding, or abetting any embezzlement, theft, or bribery in connection with State government, or has not been found guilty by a court of competent jurisdiction of having violated any State law against or prohibiting strikes by public employees, and separates from FIU because of retirement for other than disability reasons, termination, or death, shall be compensated at the employee's current regular hourly rate of pay for one-eighth of all unused sick leave accrued prior to October 1, 1973, plus one- fourth of all unused sick leave accrued on or after October 1, 1973; provided that one-fourth of the unused sick leave since 1973 does not exceed 480 hours. The compensation in this paragraph 8(4)(b) shall not be given to an employee who starts employment at FIU on or after July 1, 2006. (c) Upon layoff, an employee with ten (10) or more years of FIU service shall be paid for unused sick leave as described in paragraph b., above, unless the employee requests in writing that unused sick leave be retained pending re-employment. For an employee who is re-employed by the University within twelve (12) calendar months following layoff, all unused sick leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump sum leave payments received at the time of layoff. An employee who is not re- employed within twelve (12) calendar months following layoff shall be paid for sick leave in accordance with this Policy. (d) All payments for unused sick leave shall be made in lump sum and shall not be used in determining the average final compensation of an employee in any State administered retirement system. An employee shall not be carried on the payroll beyond the last official day of employment, except that an employee who is unable to perform duties because of a disability may be continued on the payroll until all sick leave is exhausted. (e) If an employee has received a lump sum payment for accrued sick leave, the employee may elect in writing, upon re-employment within 100 days, to restore the employee's accrued sick leave. Restoration will be effective upon the repayment of the full lump sum leave payment. (f) In the event of the death of an employee, payment for unused sick leave at the time of death shall be made to the employee's beneficiary, estate, or as provided by law.

  • Taking of Annual Leave (a) An employee is entitled to take an amount of annual leave during a particular period if: (i) at least that amount of annual leave is credited to the employee; and (ii) the employer has authorised the employee to take the annual leave during that period. (b) In the taking of leave, the employee shall make written application to the employer, giving timely notice of the desired period of such leave. (c) Annual leave shall be taken in an amount and at a time which is approved by the employer subject to the operational requirements of the workplace. The employer shall not unreasonably withhold or revoke such approval.

  • Cashing out of Annual Leave (a) Paid Annual Leave must not be cashed out except in accordance with an agreement under clause 41.8. (b) Each cashing out of a particular amount of paid Annual Leave must be the subject of a separate agreement under clause 41.8. (c) The Employer and an Employee may agree in writing to the cashing out of a particular amount of accrued paid Annual Leave by the Employee. An agreement this clause must state: (i) the amount of Annual Leave to be cashed out and the payment to be made; and (ii) the date on which the payment is to be made. (d) An agreement under clause 41.8 must be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian. (e) The payment must not be less than the amount that would have been payable had the Employee taken the Annual Leave at the time the payment is made. (f) An agreement must not result in the Employee’s remaining accrued entitlement to paid Annual Leave being less than four (4) weeks. (g) The Employer must keep a copy of any agreement under clause 41.8 as an Employee record.

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