Common use of Direction to Take Excess Annual Leave Clause in Contracts

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.

Direction to Take Excess Annual Leave. (a) In circumstances where a school officer or services staff general employee’s accrued annual leave balance exceeds eight (8) weeks or equivalent hours, the employing authority employer may direct this employee to take the full period of annual leave that exceeds the eight (8) weeks, or part thereof. . (b) The quantum of annual leave in excess of eight (8) weeks subject of this a direction shall will be at the discretion of the employing authorityemployer. (bc) Prior to giving a direction to take leave as provided for in clause 6.2.5 paragraph (a) above ), the employer shall will consult with the employee and attempt to obtain an agreement as to when such annual leave will be taken. Consultation . (d) The 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. (ce) In the absence of an agreement with the employee, the employer shall will determine when the annual leave is to be taken, provided that the employee is given notice of at least three (3) calendar months.