Can I stop an employee taking annual leave?

Yes, an employer can cancel an employee’s period of annual leave if it gives the required notice. Employers should therefore cancel an employee’s booked period of annual leave only after considering all alternative options to ensure that the needs of the business are met.

Can employers force you to take unpaid leave?

Can an employer force an employee to take an unpaid leave? Forced unpaid leave isn’t possible. As an employer, you must provide your member of staff with adequate notice.

What does Labour law say about unpaid leave?

There is no provision in the BCEA which entitles an employee to take unpaid leave. Unpaid leave is referred to in the Act only in terms of what the employer is entitled to do when an employee’s sick leave or annual leave has been exhausted – the employer may then allow (or require) the employee to take unpaid leave.

What is reasonable refusal of annual leave?

Section 88(2) of the Fair Work Act 2009 (“FW Act”) provides that “the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave”. This correspondingly means employers are able to refuse requests for annual leave, if they have a reasonable basis for doing so.

Does unpaid leave count as service?

Periods of unauthorised absence, certain types of unpaid leave and certain types of unpaid authorised absence do not count as service and are considered to be excluded periods. However, it does not count towards the length of the employee’s continuous service.

What is an unpaid leave of absence?

Unpaid leave is the extended time period your employer allows you to take off of work without providing you with compensation during that time. Some employers let you put your accrued vacation time toward your leave of absence.

Can unpaid leave be denied?

While many employers are willing to allow employees to take unpaid leave where they haven’t accrued enough, you are within your rights to refuse requests for unpaid leave. This excludes the entitlements for unpaid leave set out in the NES, for example unpaid parental leave.

What is a forced leave?

Forced Leave refers to one where the employees are required to go on leave for several days or weeks utilizing their leave credits, if there are any.

What does it mean when an employee takes unpaid leave?

Unpaid leave is where an employee takes time off from their job without pay. In some situations, as in the case of time off to care for a dependent in an emergency, you must grant the time off, although you can decide whether it is paid or unpaid.

Where can I get legal advice about leave entitlement for employees?

If you are an employer and need legal advice and assistance regarding the correct leave entitlement for your employees, contact LegalVision’s employment lawyers on 1300 544 755 or fill out the form on this page. How much paid sick leave must employees receive?

How can you prevent employees from taking too many sick days?

Have a clear workplace policy in place that details the appropriate use of sick day entitlements. For example, you may require an employee to provide appropriate evidence for their leave, such as a medical certificate or statutory declaration. The workplace policy should also alert employees to the consequences for the abuse of sick days.

How do you manage personal/carer’s leave?

Have a clear workplace policy in place that details the appropriate use of personal/carer’s leave. For example, you may have specific notification requirements when an employee is absent from work due to illness. Alternatively, you may require an employee to provide appropriate evidence setting out the reason for their absence.

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