Excessive Annual Leave. The Company can require an Employee to take annual leave by giving not less than four weeks’ notice at the time when such leave is to be taken if:
(a) at the time the direction is given, the Employee has eight weeks or more of annual leave accrued; and
(b) the amount of annual leave the Employee is directed to take is less than or equal to a quarter of the amount of leave accrued.
Excessive Annual Leave. (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 the Award).
(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 agreement on how to reduce or eliminate the excessive leave accrual.
(c) If an Employer has genuinely tried to reach agreement with an Employee under this clause 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.
(d) However, a direction by the Employer under this clause:
(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 (whether made under this clause or otherwise agreed by the Employer and Employee) are taken into account; and
(ii) must not require the Employee to take any period of paid 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, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the Employer and Employee.
(e) The Employee must take paid annual leave in accordance with a direction under this clause that is in effect.
(f) An Employee to whom a direction has been given may request to take a period of paid annual leave as if the direction had not been given.
Excessive Annual Leave. 22.9.1 Where an employee has accrued more than 10 weeks’ (350 hours) paid annual leave (or 8 weeks if not a continuous shiftworker) then the employee will be required to take annual leave in accordance with the process below:
(a) The Company and the employee will discuss and agree on a plan to reduce or eliminate the excessive leave. It is expected that all employees will take their five (5) weeks leave per year as outlined in clause 22.7.1.
(b) If there is no agreement about the plan to reduce the annual leave balance, the Company may direct the employee in writing to take one or more periods of annual leave of up to 175 hours in addition to any already allocated or planned leave in the Yearly Leave Plan, provided the Employee retains no fewer than 6 weeks of annual leave after taking the leave. in.
(c) The Company will provide at least 8 week’s notice of the leave commencing and will not require the employee to take a period of annual leave of less than one week.
Excessive Annual Leave. Annual leave that remains untaken shall accumulate from year to year, however the Employer reserves the right to direct an Employee to take a period of leave where such accrued leave is excessive and considered to be inconsistent with the policies of the Employer.
Excessive Annual Leave. (a) If an Employee has accrued more than eight weeks (10 weeks in the case of a shiftworker) annual leave, the Employer may direct the Employee to take annual leave after not less than eight weeks’ and not more than 12 months’ notice to the Employee provided:
(i) the Employee will first be given a reasonable opportunity to submit a plan to reduce their total annual leave 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 leave reduction plan which includes saving leave for an extended holiday 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 Employee and Employer;
(iii) 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.
(iv) the direction must not require the Employee to take any period of paid annual leave of less than one week; and
(v) the direction must not be inconsistent with any leave arrangement agreed by the Employer and Employee.
Excessive Annual Leave. The Company may direct an employee who has an accrued annual leave entitlement of more than 8 weeks (or 10 weeks in the case of a Shiftworker) to take one or more periods of annual leave, subject to the following terms and conditions:
(1) the Company has first attempted to confer with the employee and genuinely tried to reach agreement with the employee on how to reduce or eliminate the excessive leave accrual.
(2) the direction must be in writing and provide notice of no less than 8 weeks and no more than 12 months of the date the annual leave must be taken.
(3) the direction must ensure that the employee’s remaining accrued entitlement to paid annual leave is not less than 6 weeks at all times; and
(4) the period of annual leave to be taken must be no less than one week.
Excessive Annual Leave i. Where an Employee has accrued more than 200% of their annual entitlement to annual leave (excessive leave accrual), the Employee and Employer may seek to genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. If agreement is not reached, the Employer may direct the Employee in writing to take one or more periods of paid annual leave. Such a direction:
(1) Is of no effect if it would result in the remaining accrued entitlement to be less than 6 weeks; and
(2) Must not require the employee to take paid annual leave of less than one week; and
(3) Must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given;
(4) Must not be inconsistent with any leave arrangement agreed upon by the employee and employer.
Excessive Annual Leave. (a) Stramit may direct an Employee to take annual leave where the Employee has accrued more than 8 weeks of annual leave and such direction will not:
(i) result in the Employee having less than six (6) weeks’ remaining accrued entitlement to paid annual leave;
(ii) require the Employee to take any period of paid annual leave of less than one week; and
(iii) 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.
Excessive Annual Leave. (a) The Employer may direct an employee to take a period of annual leave if the employee has accrued more than 8 weeks paid annual leave (or 10 weeks paid annual leave in the case of a shift worker), provided:
(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 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.
(b) If an employee has genuinely tried to reach agreement with the Employer in accordance with this clause but agreement is not reached, the employee may give a written notice to the Employer requesting to take one or more periods of annual leave (Notice), where the employee has had an excessive leave accrual for more than six months at the time of giving notice. Provided that:
(i) with the granting of leave an employee will still have six weeks annual leave;
(ii) the Notice given by the employee must not provide for the employee to take a period of paid annual leave beginning less than eight weeks, or not more than 12 months, after the Notice is given;
(iii) the Notice is not inconsistent with any leave arrangement agreed by the Employer and employee;
(iv) if the conditions of this clause 25.3(b) are met, the Employer will grant the leave requested by the employee.
Excessive Annual Leave. Any annual leave credits in excess of eight (8) weeks are called “excess annual leave credits”, KONE may direct that the employee take up to 25% of this excess accrued leave. The minimum notice required for such a direction to the employee being four weeks.
