Excessive accumulated annual leave. An employee must take an amount of annual leave during a particular period if:
(i) reasonably directed to do so by the employer;
(ii) at the time the direction is given, the employee has more than 8 weeks’ annual leave credited to him or her or 10 weeks for a shift worker; and
(iii) the amount of annual leave left to the employees’ credit is at least 6 weeks.
Excessive accumulated annual leave. (a) An Employee has an excessive leave accrual if the Employee has accrued more than eight (8) weeks paid annual leave.
(b) 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 an agreement on how to reduce or eliminate the excessive leave accrual.
Excessive accumulated annual leave. Employees are responsible for ensuring that they use an adequate amount of annual leave each year. Consistent with the provisions of Subsection 93(3) of the Fair Work Act 2009, an employee who has more than 40 days accrued annual leave at any time (pro-rata based on the Agreed Hours of Duty for part-time employees), may be directed by the Director-General, on 4 weeks' notice to the employee, to take up to one quarter of the employee's accrued annual leave.
Excessive accumulated annual leave. An employee must take an amount of annual leave during a particular period if:
(i) reasonably directed to do so by the employer;
(ii) at the time the direction is given, the employee has more than eight
Excessive accumulated annual leave. (a) An employee has an excessive leave accrual if:
(i) the employee is not a shiftworker and has accrued more than eight weeks’ paid annual leave; or
(ii) the employee is a shiftworker and has accrued more than 10 weeks’ paid annual leave.
(b) Eliminating excessive leave accruals. Dealing with excessive leave accruals by agreement
(i) Before an employer can direct that leave be taken under subclause 41 (c) or an employee can give notice of leave to be granted under subclause 41 (g), the employer or employee must request a meeting and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.
(c) Employer may direct that leave be taken
(i) This subclause applies if an employee has an excessive leave accrual.
(ii) If agreement is not reached under subclause 41 (b), the employer may give a written direction to the employee to take a period or periods of paid annual leave. The direction must state that it is a direction given under subclause 41 (c) of this Agreement.
(iii) Such a direction must not:
a. result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under subclause 41 (c);
b. require the employee to take any period of leave of less than one week;
c. require the employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;
d. require the employee to take any period of leave commencing more than 12 months after the day the direction is given to the employee; or
e. be inconsistent with any leave arrangement agreed between the employer and employee.
(d) An employee to whom a direction has been given under this subclause may make a request to take paid annual leave as if the direction had not been given. The employer is not to take the direction into account in deciding whether to agree to such a request. Note: The national employment standards state that the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
(e) If leave is agreed after a direction is issued and the direction would then result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn.
(f) The employee must ...
Excessive accumulated annual leave. (a) If an employee has accrued more than two years’ annual leave entitlement, the Employer may direct the employee to take annual leave after not less than eight
Excessive accumulated annual leave. (a) Paid annual leave may be taken for a period agreed between an employee and the Employer. The Employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave. Notwithstanding the provisions of this subclause, the Employer may direct an employee to take a period of annual leave in accordance with subclause (28.14).
(b) Annual leave shall be given at a time fixed by the employer after a period not exceeding 12 months from the date when the right to annual leave accrued (ie: accrued annual leave for a total period of 24 months) and after not less than eight weeks’ and not more than 12 months’ notice to the employee, provided:
(1) 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);
(2) 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 reduction plan. The agreement is to be in writing and signed by both the Employer and Employee.
(3) the employee cannot be directed to take annual leave where such direction would result in the employee being directed to reduce the accrued leave to less than six weeks.
