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Section : 94 Cashing out and taking paid annual leave for award/agreement free employees
Domain : Human Resource Management
Classification : Not Identified
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Agreements to cash out paid annual leave (1) An employer and an award/agreement free employee may agree to the employee cashing out a particular amount of the employee's accrued paid annual leave. (2) The employer and the employee must not agree to the employee cashing out an amount of paid annual leave if the agreement would result in the employee's remaining accrued entitlement to paid annual leave being less than 4 weeks. (3) Each agreement to cash out a particular amount of paid annual leave must be a separate agreement in writing. (4) The employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone. Requirements to take paid annual leave (5) An employer may require an award/agreement free employee to take a period of paid annual leave, but only if the requirement is reasonable. Note: A requirement to take paid annual leave may be reasonable if, for example: (a) the employee has accrued an excessive amount of paid annual
- leave; or