Common use of Excessive Annual Leave Accruals Clause in Contracts

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. Managing excess request by Doctor for leave (a) If a Health Service Doctor has genuinely tried to reach agreement with a Doctor Health Service under clause 60.6(b) but agreement is not reached (including because the Doctor Health Service refuses to confer), the Doctor may give a written notice to the Health Service may require the Doctor by a notice in writing requesting 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 a Doctor may only give a notice to the Health Service under clause 60.7(a):60.8(a) if: (i) is the Doctor has had an excessive leave accrual for more than 3 months at the time of no effect if giving the doctor has made a request for leave in accordance with subclause 60.7 and such request has been declined in the previous 12 monthsnotice; and (ii) is of no effect the Doctor has not been given a direction under clause 60.7(a) that, when any other paid annual leave arrangements (whether made under clause 60.6, 60.7 or 60.8 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 clause 60.7(a) must not: (i) if it would granted, result at any time in the Doctoremployee’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 clause 60.6, 60.7, 60.7 or 60.8 or otherwise agreed by the Health Service and Doctor) are taken into account; andor (iiiii) must not require provide for the Doctor to take any period of paid annual leave of less than one week; andor (iviii) must not require provide for the Doctor to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction notice is given; andor (viv) must not be inconsistent with any leave arrangement agreed by the Health Service and Doctor. (cd) The A Doctor must take is not entitled to request by a notice under clause 60.8(a) more than 5 weeks’ paid annual leave in accordance with any period of 12 months. (e) The Health Service must grant paid annual leave requested by 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)(i60.8(a).

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(bsubclause 47.9(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(asubclause 47.10(a): (i) is of no effect if the doctor has made a request for leave in accordance with subclause 60.7 47.10 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 60.6subclauses 47.9, 60.747.10, or 60.8 47.11 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(asubclause 47.9(a) that is in effect. (d) A Doctor to whom a notice has been given under clause 60.7(asubclause 47.10(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(d47.10(d) may result in the direction ceasing to have effect. See clause 60.7(b)(isubclause 47.11(b)(i). NOTE 2: Under section 88(2) of the Act, the Health Service must not unreasonably refuse to agree to a request by the Doctor to take paid annual leave.