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

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.

Direction to Take Excess Annual Leave. (a) Where an Employee has accrued more than 2 years entitlement of paid annual leave (including additional leave for Shiftworkersshiftworkers) 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.

Direction to Take Excess Annual Leave. (a) Where an Employee has accrued more than 2 years of paid annual leave (including additional leave for Shiftworkersshiftworkers) 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 6 weeks.

Direction to Take Excess Annual Leave. (a) Where an Employee has accrued more than 2 years of paid annual leave (including additional leave for Shiftworkersshiftworkers) 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.