Taking of Annual Leave (a) An employee is entitled to take an amount of annual leave during a particular period if:
(i) at least that amount of annual leave is credited to the employee; and
(ii) the employer has authorised the employee to take the annual leave during that period.
(b) In the taking of leave, the employee shall make written application to the employer, giving timely notice of the desired period of such leave.
(c) Annual leave shall be taken in an amount and at a time which is approved by the employer subject to the operational requirements of the workplace. The employer shall not unreasonably withhold or revoke such approval.
Payment of Annual Leave Upon resignation, retirement, or dismissal of any employee in the bargaining unit, he/she shall receive a sum equal to the number of days of annual leave remaining to his/her credit, provided that any or all amounts may be applied to offset any amounts owed the state by the employee. In the event of death of an employee while in the bargaining unit, a sum equal to the number of days annual leave remaining shall be paid to his/her estate.
Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period.
(b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.
Cashing out of Annual Leave (a) Paid Annual Leave must not be cashed out except in accordance with an agreement under clause 41.8.
(b) Each cashing out of a particular amount of paid Annual Leave must be the subject of a separate agreement under clause 41.8.
(c) The Employer and an Employee may agree in writing to the cashing out of a particular amount of accrued paid Annual Leave by the Employee. An agreement this clause must state:
(i) the amount of Annual Leave to be cashed out and the payment to be made; and
(ii) the date on which the payment is to be made.
(d) An agreement under clause 41.8 must be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.
(e) The payment must not be less than the amount that would have been payable had the Employee taken the Annual Leave at the time the payment is made.
(f) An agreement must not result in the Employee’s remaining accrued entitlement to paid Annual Leave being less than four (4) weeks.
(g) The Employer must keep a copy of any agreement under clause 41.8 as an Employee record.
Use of Annual Leave The Employer may, upon request of a practitioner and with sufficient cause being shown, which may in the circumstances be with little notice, grant that practitioner single days of annual leave for pressing personal emergencies.
Cashing out annual leave The employee may, with the agreement of the employer, request in writing, to cash out up to two weeks of their annual leave during each 12 month period. Annual leave cannot be cashed out in advance of it being credited to the employee. Cashed out annual leave will be paid at the rate of pay that the employee receives at the time when the request is made.
Vacation Selection Employees who have not selected their vacation periods by November 15th shall not be entitled later to select vacation periods by seniority. Employees who do not select all of their vacation entitlements on the calendar shall be allowed to schedule vacation at a later date, provided that this selection does not affect the scheduled vacations of other employees.
Payment for Working on a Holiday (The following clause is applicable to full-time employees only)
Payment for leave (a) Payment will be made based on the Employee’s ordinary pay for the ordinary hours the Employee would have worked on the day or days on which the leave was taken.
(b) An Employee utilising personal leave may take leave for part of a single day. Leave will be deducted from the Employee’s accrued personal leave including, where relevant, for a part day.
Loading on Annual Leave During a period of annual leave an Employee covered by this clause shall receive a loading of 22.5% calculated on the all-purpose rate of wage prescribed by Appendix A, clause 2.3 of this Agreement.
