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Section : 3.36 Records - leave
Domain : Human Resource Management
Classification : Not Identified

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  • (1) For subsection 535 (1) of the Act, if an employee is entitled to leave, a kind of employee record that the employer must make and keep is a record that sets out:
  1. (a) any leave that the employee takes; and
  2. (b) the balance (if any) of the employee's entitlement to that leave from time to time.
  • (2) If an employer and employee agree to cash out an accrued amount of leave:
  1. (a) a copy of the agreement is a kind of employee record that the employer must make and keep; and
  • (b) a kind of employee record that the employer must make and keep is a record that sets out:
  • (i) the rate of payment for the amount of leave that was cashed out; and
  • (ii) when the payment was made Note Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.

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