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Section : Direction to take annual leave
Domain : Human Resource Management
Classification : Not Identified
Text Content
For employees covered by awards or registered agreements, an employer can only direct them to take annual leave if the award or registered agreement allows it and the requirement is reasonable. For award and agreement-free employees, employers can only require them to take a period of annual leave if the requirement is reasonable. A requirement to take annual leave may be reasonable if, for example:
- the employee has an excessive annual leave balance
- the business is being temporarily shut down for a period (such as between Christmas and New Year). In assessing reasonableness, the following factors are relevant:
- the needs of the employee and the business
- any agreed arrangement with the employee
- custom and practice of the business
- timing of the direction or requirement to take leave
- the length of the period of notice given.