Taking Annual Leave 29.3.1 The Employer and Employee shall seek to reach agreement on a mutually convenient time (having regard to overall operational and staffing requirements of the Company) for annual leave to be taken by the Employee. Where such agreement, cannot be reached, the Employer may fix a time for an Employee’s annual leave to be taken within a period of six (6) months or less from the date when the right to take annual leave has accrued, after giving at least fourteen (14) days’ notice to the Employee.
29.3.2 An Employee is required to provide at least one (1) months’ notice of a request to take annual leave however, final approval shall lie with the Company.
29.3.3 At the Company’s discretion, it may allow an Employee to take annual leave before the right to take it has accrued, but where such leave is taken, a further period of leave shall not commence to accrue until after the expiration of the twelve (12) months service that was required to accrue the right to take the annual leave. Where annual leave or part thereof has been granted before the right to take it has accrued and the Employee subsequently leaves before completing the required twelve (12) months service, and the amount paid by the Employer to the Employee for the annual leave taken exceeds the amount the Employer is required to pay to the Employee on termination, the Employer shall not be liable to make any payment to the Employee for annual leave and shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment.
29.3.4 Where an Employee has more than eight (8) weeks annual leave entitlement accrued to them, the Company may direct the Employee to take annual leave by providing a minimum four (4) weeks’ notice in writing to the employee. Such direction shall only apply to a maximum of one quarter of the leave credits owing to the employee.
29.3.5 The Company may direct Employees to take any accrued annual leave during the Company’s annual close down (i.e., Christmas/New Year period). Employees that do not apply for leave during this period may be required to take annual leave. Where Employees have not yet accrued such annual leave, the leave taken shall be treated as Leave without Pay. The business will provide a minimum of 2 months notice about this closure each year.
29.3.6 If a public holiday (as prescribed in this Agreement) falls within an Employee's annual leave and, is on a day which would have been an nominal working day, then extra time equivalent to the public holiday shall be added to the Employee's annual leave.
29.3.7 An Employee shall not offer their Service to any other Employer during the period the Employee is on paid annual leave and, the Employer shall not engage an Employee who is on paid annual leave.
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.
Extended Illness Leave When an employee is absent from his/her duties on account of illness or accident for a period of five school months or less, whether or not the illness or accident arises out of or in the course of employment, the amount deducted from the salary due the employee for any of the five-school-month periods in which absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill the employee’s position during his/her absence, or if no substitute employee was employed, the amount that would have been paid to the substitute had a substitute been employed. The sick leave, including accumulated sick leave, and the five-month period shall run consecutively. In other words, the five-month period stipulated above begins immediately after use of the employee’s current annual ten days plus any accumulated sick leave. When the employee remains absent after use of the five-month differential pay leave, the employee shall be in unpaid status. When the employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the five-month period, and the employee is not medically able to resume the duties of his/her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the employee is on probationary status or for a period of 39 months if the employee is on permanent status. When the employee is medically able, during the 24- or 39-month period, the employee shall be returned to employment in a position for which he/she is credentialed and is qualified. The 24-or 39-month period shall commence at the expiration of the five-month period described above. This five-month period shall be implemented as set forth in the mandatory provisions of Education Code Section 44977 (as amended by SB 1019, Chapter 30 of the Statutes of 1998) and the mandatory provisions of Education Code Section 44978.1 (as newly enacted by the same Chapter 30 of the Statutes of 1998.)
Entitlement to Annual Leave An employee is entitled to accrue an amount of paid annual leave, for each completed 4 week period of continuous service with the company, of 1 / 13 of the number of nominal hours worked by the employee during that 4 week period. Example: An employee whose nominal hours worked for a 12 month period were 38 hours per week would be entitled to 152 hours of annual leave (which would be the equivalent of 4 weeks of annual leave if his or her nominal hours worked remained unchanged).
Vacation Leave on Retirement An employee scheduled to retire and to receive pension benefits under the Public Service Pension Plan Rules or who has reached the mandatory retiring age, shall be granted full vacation entitlement for the final calendar year of service.
Annual Leave Employees (other than casuals) will be entitled to four (4) weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
Vacation Leave Accrual After a full-time employee has been in pay status for eighty (80) non-overtime hours in a calendar month, the employee will accrue vacation leave according to the rate schedule below. Vacation leave accrual for part-time employees will be proportionate to the number of hours the part-time employee is in pay status during the month to that required for full-time employment.
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.
Vacation Leave Accrual Rate Schedule Full Years of Service Hours Per Year
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.
