Excessive leave accruals Sample Clauses

Excessive leave accruals request by employee for leave (a) If an employee has genuinely tried to reach agreement with an employer under sub-clause 15.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave. (b) However, an employee may only give a notice to the employer under sub-clause 15.9(a) if: (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and (ii) the employee has not been given a direction under sub-clause 15.8(a) that, when any other paid annual leave arrangements (whether made under clause 15.7, 15.8 or 15.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual. (c) A notice given by an employee under sub-clause 15.9(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 clause 15.7, 15.8 or 15.9 or otherwise agreed by the employer and employee) are taken into account; or (ii) provide for the employee to take any period of paid annual leave of less than one week; or (iii) provide for the employee 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 employer and employee. (d) An employee is not entitled to request by a notice under sub-clause 15.9 (a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a Shiftworker, as defined by clause 15.2) in any period of 12 months. (e) The employer must grant paid annual leave requested by a notice under sub- clause 15.9(a).

Excessive leave accruals request by Employee for leave (a) If an Employee has genuinely tried to reach agreement with an Employer under clause 28.6(b) but agreement is not reached (including because the Employer refuses to confer), the Employee may give a written notice to the Employer requesting to take one or more periods of paid annual leave. (b) However, an Employee may only give a notice to the Employer under clause 28.8(a) if: the Employee has had an excessive leave accrual for more than six months at the time of giving the notice; and the Employee has not been given a direction under clause 28.7(a) that, when any other paid annual leave arrangements (whether made under clause 28.6, 28.7 or 28.8 or otherwise agreed by the Employer and Employee) are taken into account, would eliminate the Employee’s excessive leave accrual. (c) A notice given by an Employee under clause 28.8(a) must not: if granted, result in the Employee’s remaining accrued entitlement to paid annual leave being at any time less than six weeks when any other paid annual leave arrangements (whether made under clause 28.6, 28.7 or 28.8 or otherwise agreed by the Employer and Employee) are taken into account; or provide for the Employee to take any period of paid annual leave of less than one week; or provide for the Employee to take a period of paid annual leave beginning less than eight weeks, or more than 12 months, after the notice is given; or be inconsistent with any leave arrangement agreed by the Employer and Employee. (d) An Employee is not entitled to request by a notice under clause 28.8 (a) more than four weeks’ paid annual leave (or five weeks’ paid annual leave for a shiftworker, as defined by clause 28.2) in any period of 12 months. (e) The Employer must grant paid annual leave requested by a notice under clause 28.8(a).

Excessive leave accruals general provision

Excessive leave accruals request by employee for leave (a) If an employee has genuinely tried to reach agreement with an employer under clause 27.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave. (b) However, an employee may only give a notice to the employer under paragraph (a) if: (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and (ii) the employee has not been given a direction under clause 27.8(a) that, when any other paid annual leave arrangements (whether made under clause 27.7,

Excessive leave accruals general provision (a) An Employee has an excessive leave accrual if the Employee has accrued more than eight weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 28.2. (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) Clause 28.7 sets out how an Employer may direct an Employee who has an excessive leave accrual to take paid annual leave. (d) Clause 28.8 sets out how an Employee who has an excessive leave accrual may require an Employer to grant paid annual leave requested by the Employee.

Excessive leave accruals direction by employer that leave be taken (a) If an employer has genuinely tried to reach agreement with an employee under clause 27.7(b) 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. (b) However, a direction by the employer under paragraph (a): 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 clause 27.7, 27.8 or 27.9 or otherwise agreed by the employer and employee) are taken into account; and (i) must not require the employee to take any period of paid annual leave of less than one week; and (ii) 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 (iii) must not be inconsistent with any leave arrangement agreed by the employer and employee. (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect. (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given. Note 1: Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 27.8(b)(b)(ii). Note 2: Under section 88(2) of the Fair Work Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

Excessive leave accruals general provision (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 shift worker). (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.

Excessive leave accruals request by employee for leave (a) If an employee has genuinely tried to reach agreement with an employer under clause 32.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

Excessive leave accruals direction by employer that leave be taken (a) If an employer has genuinely tried to reach agreement with an employee under clause 7.1.2(b) 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. (b) However, a direction by the employer under paragraph (a): (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 six weeks when any other paid annual leave arrangements (whether made under clauses 7.1.2, 7.1.3, or 7.1.4 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 eight 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. (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect. (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given. Note 1: Paid annual leave arising from a request mentioned in paragraph

Excessive leave accruals request by team member for leave (a) If you have genuinely tried to reach agreement with Us under clause 6.1.13 (b) but agreement is not reached (including because We refuse to discuss), you may give written notice to Us requesting to take 1 or more periods of paid annual leave.