Excessive Annual Leave Accruals. This Clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals.
Excessive Annual Leave Accruals. This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals.
(a) Dealing with annual leave accruals by agreement
(b) Employer may direct that excessive annual leave be taken
(i) An Employee has an excessive annual leave accrual if: the Employee has accrued more than eight weeks’ paid annual leave; or the Employee is a Shift Worker who is entitled to an additional week of annual leave in accordance with clause 41.2(a) and has accrued more than 10 weeks’ paid annual leave.
(ii) Where the Employer has an excessive annual leave accrual (and agreement has not been reached under clause 41.6(a)), the Employer may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not: 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 clause 41.6(c)(ii); require the Employee to take any period of leave of less than one week; require the Employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee; 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 be inconsistent with any leave arrangement agreed between the Employer and Employee.
(iii) An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 68 Victorian Public Service Enterprise Agreement 2016
(iv) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave.
(v) 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entitlement to paid annual leave at any time being less than six weeks, the direction will be deemed to have been withdrawn.
(vi) The Employee must take paid annual leave in accordance with a direction complying with this clause.
(c) Employee may require that leave be granted
(i) This clause 41.6(c) applies if an Employee has had an excessive annual leave accrual for more than six months and the Employer has not given a direction under clause 41.6(b)(ii) that will eliminate the Employee’s excessive lea...
Excessive Annual Leave Accruals. (a) The employer may direct an employee take a period of annual leave where the employee has accrued excessive annual leave. Excessive annual leave is defined as accrued leave in excess of 200% of the employee’s annual leave entitlement (e.g. in excess of 10 weeks leave for an employee who has an entitlement to 5 weeks’ leave per year as an RN or as a shift worker PCW or Enrolled Nurse). The Employer will not direct the Employee to reduce the accrued leave to less than 150% of their annual leave entitlement.
(b) The Employer has an expectation that each employee will take at least two weeks of annual leave in each year and reserves the right to discuss the taking of leave and fatigue issues where an Employee has not taken any leave for a period longer than six months and does not have leave planned.
(c) Where the employee has excessive annual leave, and before directing the employee to take a period of leave, the employer will:
(i) give the employee a reasonable opportunity to submit a plan (but no longer than three weeks) to reduce the leave to not less than 150% more than their annual leave entitlement within six months; and
(ii) not unreasonably refuse to agree to a leave reduction plan which includes saving leave for an extended holiday within 12 months of the date of agreement, provided the plan will not result in the employee continuing to have an excessive leave balance taking in to account future accruals between agreeing to the leave plan and the taking of the leave.
(d) Where an employee fails or refuses to produce a leave plan within three weeks, the employer can then direct the employer to take leave, but the commencement date of the leave can be no sooner than eight weeks or longer than 12 months after the date of the written notice.
Excessive Annual Leave Accruals. Managing excess leave
(a) If a Health Service has genuinely tried to reach agreement with a Doctor under clause 60.6(b) but agreement is not reached (including because the Doctor refuses to confer), the Health Service may require the Doctor by a notice in writing to take one or more periods of paid annual leave. Any discussions should take into account the Doctor’s workload and the availability of suitable relief staff.
(b) However, the requirement by the Health Service under clause 60.7(a):
(i) is of no effect if the doctor has made a request for leave in accordance with subclause 60.7 and such request has been declined in the previous 12 months; and
(ii) is of no effect if it would result at any time in the Doctor’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under 60.6, 60.7, or 60.8 or otherwise agreed by the Health Service and Doctor) are taken into account; and
(iii) must not require the Doctor to take any period of paid annual leave of less than one week; and
(iv) must not require the Doctor to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(v) must not be inconsistent with any leave arrangement agreed by the Health Service and Doctor.
(c) The Doctor must take paid annual leave in accordance with a notice under clause 60.6(a) that is in effect.
(d) A Doctor to whom a notice has been given under clause 60.7(a) may request to take a period of paid annual leave as if the notice had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 60.7(d) may result in the direction ceasing to have effect. See clause 60.7(b)(i).
Excessive Annual Leave Accruals. (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks paid annual leave.
(b) Where an employee has an excessive leave accrual the employer and/or employee may seek to confer with the other to seek to genuinely reach agreement regarding the reduction or elimination of the excessive leave accrual.
(c) Where an employer or employee have genuinely sought but been unable to reach agreement with the other regarding the reduction or elimination of the excessive leave accrual the employer or the employee, as the case may be, may direct or require the other to take or grant annual leave as set out in Schedule G.3 – Direction by Employer to Take Annual Leave where Excessive Annual Leave Accrual and Schedule G.4 - Request by Employee for Leave where Excessive Annual Leave Accrual.
Excessive Annual Leave Accruals. 40.1 An Employee is deemed to have an excessive annual leave accrual if the Employee has accrued more than eight (8) weeks annual leave.
40.2 If an Employee has an excessive annual leave accrual, the Employer will discuss the genuinely try to reach agreement with the Employee on how to reduce or eliminate the excessive annual leave accrual.
40.3 If the Employer has genuinely tried to reach agreement with an Employee and agreement cannot be reached, the Employer may direct the Employee in writing to take one or more periods of paid annual leave. Such a direction:
(a) must not result in the Employee’s remaining accrued annual leave entitlement being less than six (6) weeks; and
(b) must not require the Employee to take any period of paid annual leave of less than one (1) week; and
(c) must not 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; and
(d) must not be inconsistent with any leave arrangement agreed by the Employer and the Employee.
Excessive Annual Leave Accruals request by Doctor for leave
(a) If a Doctor has genuinely tried to reach agreement with a Health Service under subclause 47.9(b) but agreement is not reached (including because the Health Service refuses to confer), the Doctor may give a written notice to the Health Service requesting to take one or more periods of paid annual leave.
(b) However, a Doctor may only give a notice to the Health Service under subclause 47.11(a) if:
(i) the Doctor has had an excessive leave accrual for more than 3 months at the time of giving the notice; and
(ii) the Doctor has not been given a direction under subclause 47.10(a)that, when any other paid annual leave arrangements (whether made under subclause 47.9, 47.10, or 47.11 or otherwise agreed by the Health Service and Doctor) are taken into account, would eliminate the Doctor’s excessive leave accrual.
(c) A notice given by a Doctor under subclause 47.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under subclause 47.9, 47.10, or 47.11 or otherwise agreed by the Health Service and Doctor) are taken into account; or
(ii) provide for the Doctor to take any period of paid annual leave of less than one week; or
(iii) provide for the Doctor to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the Health Service and Doctor.
(d) A Doctor is not entitled to request by a notice under subclause 47.11(a) more than 5 weeks’ paid annual leave in any period of 12 months.
(e) The Health Service must grant paid annual leave requested by a notice under subclause 47.11(a).
Excessive Annual Leave Accruals. (a) A Team Member is encouraged to take their annual leave during the year that it accrues.
(b) Where a Team Member has an accrual of annual leave that exceeds 6 weeks (or 8 weeks in the case of a shiftworker):
(i) Bunnings may ask the Team Member to take annual leave;
(ii) The Team Member and Bunnings will genuinely try to reach agreement on the time that annual leave is to be taken; and
(iii) If agreement cannot be reached, Bunnings may direct the Team Member to take up to 2 weeks of annual leave, provided:
Excessive Annual Leave Accruals. (a) An annual leave management plan will be developed when an employee’s annual leave entitlement is in excess of 30 days.
(b) If the employee fails to agree to an annual leave management plan, or fails to go on leave after a plan has been agreed, the TAC will direct the employee to take leave and the employee will be placed on leave for the agreed dates as set out in the leave plan.
Excessive Annual Leave Accruals. (a) General Provision
(1) An employee has an excessive annual leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a Shift worker).
(2) If an employee has an excessive annual 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.
(3) Sub-clause (xi) (b) below sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(b) Excessive Annual Leave: Direction by Employer That Annual Leave be Taken
(1) If an employer has genuinely tried to reach agreement with an employee under clause (xi)(a)(2) 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.
(2) However, a direction by the employer under paragraph (xi)(b)(1) 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 six weeks when any other paid annual leave arrangements (whether made under clause or otherwise agreed by the employer and employee) are taken into account; and
a. Must not require the employee to take any period of paid annual leave of less than one week; and
b. Must not require the employee to take a period of paid annual leave beginning less than eight weeks or more than twelve months after the direction is given; and
c. Must not be inconsistent with any leave arrangement agreed by the employer and employee.
(3) The employee must take paid annual leave in accordance with a direction under clause (xi)(b)(1) that is in effect.
(4) An employee whom a direction has been given under clause (xi)(b)(1) may request to take a period of paid annual leave as if the direction had not been given.
