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Section : When can annual leave be taken?
Domain : Human Resource Management
Classification : Not Identified

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Annual leave can be taken as soon as it is accumulated. It also does not have to be taken each year. There is no maximum or minimum period of annual leave that can be taken. It is up to each employer and employee to agree on when and for how long annual leave can be taken. The employer must not unreasonably refuse an employee's request to take annual leave. An employee isn't considered to be on annual leave in the following circumstances:

  •  on a day or part-day that is a public holiday
  •  for the time they are on any other period of leave (other than unpaid parental leave)
  •  or a period of absence due to community service leave. This means an employee's annual leave balance won't be reduced for these periods of time away from work. For example, if an employee is taking a week of annual leave, and a public holiday falls within that week, the public holiday will not be counted as annual leave and their annual leave balance won't be reduced for that day. Similarly, if an employee is sick or injured while on annual leave, the employee can use their paid sick leave entitlement instead of using their annual leave for the time they are unwell.

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