Common use of Extensive accumulated annual leave Clause in Contracts

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one months notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 months after that request; (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ of the amount of credited annual leave of the employee at the time that the direction is given. (a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. (b) An employee to whom paragraph (a) of subclause 22.1 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 and subclause 22.4 of this clause.

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one two months notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 months after that request; (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 or 8 weeks (pro-rata) of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks (2 years) ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ of the amount of credited annual leave of the employee at the time that the direction is given. (d) Notwithstanding 21.8 (c) above, the employer may require the employee to take a longer period of annual leave where the employee has accumulated in excess of eight (8) weeks annual leave provided that the requested period of leave to be taken is reasonable. (a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. (b) An employee to whom paragraph (a) of subclause 22.1 21.2 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 21.12 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 21.3 and subclause 22.4 21.5 of this clause.

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one months notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 months after that request; (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ of the amount of credited annual leave of the employee at the time that the direction is given. (a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. (b) An employee to whom paragraph (a) of subclause 22.1 sub-clause 22.2 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 sub-clause 22.12 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause sub-clause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 sub-clause 22.3 and subclause 22.4 sub-clause 22.5 of this clause.

Extensive accumulated annual leave. An (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 amount Employee to take a period of annual leave during a particular period if:in accordance with subclause 21.13. (a1) Clause 21.7(b) sets out how an Employer may direct an Employee who has accrued more than 10 weeks’ paid annual leave (or 12 weeks’ annual leave in the employee is directed case of a shiftworker) (an excessive leave accrual) to do so take paid annual leave. (2) Clause 21.7(c) sets out how an Employee who has an excessive leave accrual may require an Employer to grant paid annual leave requested by the employer. The employer shall give Employee. (b) Excessive leave accruals: direction by Employer that leave be taken (1) If an Employer has genuinely tried to reach agreement with an Employee who has an excessive leave accrual on how to reduce or eliminate the employee at least one months notice. Provided thatexcessive leave accrual, where an employee makes including giving the Employee a written request reasonable opportunity to take submit a plan to reduce their total annual leave which has accrued balance to not been approved by the employer, that employee shall not be directed to take annual leave for more than 6 weeks within a period of 12 months after that request;(leave reduction plan), 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. The Employer will not unreasonably refuse to agree to an Employee’s leave reduction plan which includes saving leave for an extended period of leave 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. (b2) However, a direction by the Employer under paragraph (b)(1): (i) is of no effect if it would result at any time in the time that the direction is given, the employee has Employee’s remaining accrued entitlement to paid annual leave credited being less than 6 weeks when any other paid annual leave arrangements agreed by the Employer and Employee are taken into account; and (ii) must not require the Employee to him 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 her of more than 1/13 of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks ending at the time that 12 months, after the direction is given; and (iv) 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 paragraph (b)(1) that is in effect. (4) An Employee to whom a direction has been given under paragraph (b)i may request to take a period of paid annual leave as if the direction had not been given. (c) Excessive leave accruals: request by Employee for leave (1) If an Employee who has an excessive leave accrual has genuinely tried to reach agreement with the amount Employer on how to reduce or eliminate the excessive leave accrual 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. (2) However, an Employee may only give a notice to the Employer under paragraph (c)(1) 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 21.7(b) that, when any other paid annual leave that arrangements agreed by the employee is directed employer and employee) are taken into account, would eliminate the Employee’s excessive leave accrual. (3) A notice given by an Employee under paragraph (c)(1) 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 agreed by the Employer and Employee) are taken into account; or (ii) provide for the Employee to take is less than, or equal to, ¼ any period of the amount of credited paid annual leave of less than one week; or (iii) provide for the employee at Employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the time that the direction notice is given; or (iv) be inconsistent with any leave arrangement agreed by the Employer and Employee. (4) An Employee is not entitled to request by a notice under paragraph (c)(1) more than 5 weeks’ paid annual leave (or 6 weeks’ paid annual leave for a shiftworker) in any period of 12 months. (5) The Employer must grant paid annual leave requested by a notice under paragraph (c)(1). (a) Each employee before going on If an Employee takes annual leave during a period, the annual leave shall be paid for the period of the leave at the ordinary rate of salary pay to which she or he is entitled under this AgreementAgreement plus any applicable annual leave loading. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. When taking annual leave payment for such leave will be in accordance with the normal pay cycle, excepting where the AHCL agrees to a request by the Employee for such leave to be paid immediately before the period begins. (b) An employee Employee to whom paragraph (a) of subclause 22.1 21.1 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary pay plus shift allowances penalties and weekend penalties relating to ordinary time the employee Employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 21.11 attracts shift allowances penalties and weekend penalties relating to ordinary time the employee Employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 21.2 and subclause 22.4 21.4 of this clauseClause.

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (ai) the employee is directed to do so by the employer. The employer shall give the employee at least one months (1) months’ notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 twelve (12) months after that request; (bii) at the time that the direction is given, the employee has annual leave credited to him or her them of more than 1/13 one-thirteenth (1/13) or eight (8) weeks (pro-rata) of the number of ordinary hours worked by the employee for the employer during the period of 104 one hundred and four (104) weeks (two (2) years) ending at the time that the direction is given; and (ciii) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ one-quarter (¼) of the amount of credited annual leave of the employee at the time that the direction is given. (ai) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is they are entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 twelve (12) month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 thirty eight (38) hours. (bii) An employee to whom paragraph (ai) of subclause 22.1 21.2 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his their ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 and subclause 22.4 of this clause.subclause

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one months notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 months after that request; (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ of the amount of credited annual leave of the employee at the time that the direction is given. (a) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. (b) An employee to whom paragraph (a) of subclause 22.1 sub-clause 27.1 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 sub-clause 27.1 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause sub-clause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 and subclause 22.4 sub-clause 27.1 of this clause.

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one months (1) months’ notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 twelve (12) months after that request; (b) at the time that the direction is given, the employee has annual leave credited to him or her them of more than 1/13 one-thirteenth (1/13) of the number of ordinary hours worked by the employee for the employer during the period of 104 one hundred and four (104) weeks ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ one-quarter (¼) of the amount of credited annual leave of the employee at the time that the direction is given. (ai) Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is they are entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 twelve (12) month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 thirty-eight (38) hours. (bii) An employee to whom paragraph (ai) of subclause 22.1 sub-clause 22.2 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his their ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 and subclause 22.4 of this sub-clause.

Extensive accumulated annual leave. An employee must take an amount of annual leave during a particular period if: (a) the employee is directed to do so by the employer. The employer shall give the employee at least one months notice. Provided that, where an employee makes a written request to take annual leave which has not been approved by the employer, that employee shall not be directed to take annual leave for a period of 12 months after that request;, (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 of the number of ordinary hours worked by the employee for the employer during the period of 104 weeks ending at the time that the direction is given; and (c) the amount of annual leave that the employee is directed to take is less than, or equal to, ¼ of the amount of credited annual leave of the employee at the time that the direction is given. (a) Each each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this Agreement. Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours. (b) An an employee to whom paragraph (a) of subclause 22.1 applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause 22.11 attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause 22.2 and subclause 22.4 of this clause.