Common use of Request by Employee for Leave Clause in Contracts

Request by Employee for Leave. If the Employee has genuinely tried to reach agreement with the Employer under subclause 57.4(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. However, a notice under this subclause 57.5(b): (i) may only be given if the Employee has had an excess leave accrual for more than 6 months at the time of giving the notice; (ii) may only be given if the Employee has not been given a direction under subclause 57.5(a) that, when any other paid annual leave arrangements are taken into account would eliminate the Employee's excess accrual; (iii) must not, if granted, result in the Employee's remaining accrued entitlement to paid annual leave being, at any time, less than 6 weeks when other paid annual leave arrangements are taken into account; (iv) must not provide for the employee to take any period of paid annual leave of less than one week; (v) must not 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; (vi) must not be inconsistent with any leave arrangement agreed by the Employer and Employee; and (vii) must not be for more than 1 full year's entitlement to annual leave as prescribed by 57.1 and 57.2 above.

Appears in 6 contracts

Samples: Enterprise Agreement, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024

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Request by Employee for Leave. If the (i) if an Employee has genuinely tried to reach agreement with the Employer under subclause 57.4(b) but agreement is not reached (including because the Employer refuses to confer) reached, the Employee may give a written notice to the Employer requesting to take one or more periods of paid annual leave. Howeverleave by giving a written notice to the Employer. (ii) however, a an Employee may only give notice to the Employer under this subclause 57.5(b): (i) may only be given if clause if: • the Employee has had an excess excessive leave accrual for more than 6 months at the time of giving the notice; (ii) may only be given if ; and • the Employee has not been given a direction under subclause 57.5(aclause 7.1.4 (d). (iii) thatA notice given by an Employee under this clause must not: • if granted, result in the Employee’s remaining accrued entitlement to paid annual leave being at any time less than 4 weeks when any other paid annual leave arrangements are taken into account would eliminate the Employee's excess accrual; (iii) must not, if granted, result in the Employee's remaining accrued entitlement to paid annual leave being, at any time, less than 6 weeks when other paid annual leave arrangements are taken into account; (iv) must not ; or • provide for the employee Employee to take any period of paid annual leave of less than one 1 week; (v) must not provide ; or • be for the employee to take a period of paid annual leave beginning less than 8 weeks weeks, or more than 12 months, after the notice is given; (vi) must not ; or • be inconsistent with any other leave arrangement agreed by the Employer and the Employee; and. (viiiv) must an Employee is not be for entitled to request by a notice under paragraph (h) (i) more than 1 full year's entitlement to 6 weeks paid annual leave as prescribed by 57.1 and 57.2 abovein any period of 12 months.

Appears in 1 contract

Samples: Health Services Support Employees Enterprise Agreement

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Request by Employee for Leave. If the Employee has genuinely tried to reach agreement with the Employer Branch under subclause 57.4(b) 30.6 but agreement is not reached (including because the Employer Branch refuses to confer) the Employee may give a written notice to the Employer Branch requesting to take one or more periods of paid annual leave. However, a notice under this subclause 57.5(b):30.7.3 (ia) may only be given if the Employee has had an excess leave accrual for more than 6 months at the time of giving the notice; (iib) may only be given if the Employee has not been given a direction under subclause 57.5(a) 30.7.1 that, when any other paid annual leave arrangements are taken into account would eliminate the Employee's excess accrual; (iiic) must not, if granted, result in the Employee's remaining accrued entitlement to paid annual leave being, at any time, less than 6 weeks when other paid annual leave arrangements are taken into account; (ivd) must not provide for the employee to take any period of paid annual leave of less than one week; (ve) must not 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; (vif) must not be inconsistent with any leave arrangement agreed by the Employer Branch and Employee; and (viig) must not be for more than 1 full year's entitlement to annual leave as prescribed by 57.1 and 57.2 30.1 above.

Appears in 1 contract

Samples: Enterprise Agreement

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