work place rites on when to take holidays

[madmullet]

a quick question...

if you are a full time worker and accumulate holidays, can the boss tell you when and how to take them...

for an eg, you’re not aloud to take 2 days off, you have to take a whole week

[ellicat]

Depends on what you have accrued.

If you have more than your annual allowance (usually 20 days pa) then you can be forced to take leave, I believe.

Any idea what Award you are under ?

[PlasticFantastic]

I know at my work leave has to be taken in blocks of a week, we can't just take a couple of days annual leave hear and there which sucks

Cheers

Mark

[haines490slc]

Kurt, from the NES (national Employment standard) via the fairwork ombusman

When can paid annual leave be taken?

Annual leave under the NES does not have to be taken each year, as the entitlement can accumulate. It is up to each employer and employee to agree on when and for how long paid annual leave may be taken. However, the employer must not unreasonably refuse an employee’s request to take paid annual leave. There is no maximum or minimum period of annual leave that may be taken.

An employee is not on paid annual leave if the period during which an employee takes paid annual leave:

• includes a day or part-day that is a public holiday

• includes a period of any other leave (other than unpaid parental leave), or a period of absence from employment due to community service leave.

In certain circumstances, an employer can direct an employee to take annual leave. In order for an employer to be able to do this, an award or agreement must include terms that require an employee to take paid annual leave, or allow the employee to be directed to take leave.

The requirement in the award or agreement must be reasonable. Similarly, the NES allow an employer to require an award or agreement-free employee to take a period of annual leave, but only if the requirement is reasonable.

A requirement to take paid annual leave may be reasonable if, for example:

• the employee has accrued an excessive amount of paid annual leave

• the employer’s enterprise is being 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 employer’s business

• any agreed arrangement with the employee

• custom and practice of the business

• timing of the direction or requirement to take leave

• reasonableness of the period of notice given.

An award or agreement can include terms dealing with the taking of paid annual leave. An employer and an award or agreement-free employee may agree on when and how paid annual leave may be taken.

Matters that could be either incorporated into an award or agreement, or agreed upon, include:

• that paid annual leave may be taken in advance of accrual

• that paid annual leave must be taken within a fixed period of time after it is accrued

• that a specified period of notice must be given before taking paid annual leave.

/>http://www.fairwork.gov.au/factsheets/FWO-Fact-sheet-Annual-leave-and-the-NES.pdf

In addition to this as Brian has said, you will also need to look at your award or agreement between you and your employer.

[JarrydA]

In most cases the employer can also deny you annual leave when you ask for it.

[Bri The Pom]

I know at my work leave has to be taken in blocks of a week, we can't just take a couple of days annual leave hear and there which sucks

Cheers

Mark

But that would be a condition in your contract would'nt it Mark, Kurt sounds abit suprised by this one.

[WayneD]

I know at my work leave has to be taken in blocks of a week, we can't just take a couple of days annual leave hear and there which sucks

Cheers

Mark

So that'w why you're "sick" so much. SO if you run out of sickies can they take it out of your annual leave anyway?

All my work places have let me take of when I want and for how long I want. Never had any dramas getting time off even if it's only at a days notice.

[PlasticFantastic]

I know at my work leave has to be taken in blocks of a week, we can't just take a couple of days annual leave hear and there which sucks

Cheers

Mark

But that would be a condition in your contract would'nt it Mark, Kurt sounds abit suprised by this one.

I'm not sure if our eba agreement is different or what the go is but we definitely can't take less than one weeks annual leave or that's what we're told anyway. There's something like 600 employees on site and it would be a nightmare if everyone was just taking days off here and there so that's probably the reason why and Wayne I've got six weeks accrued sick leave up my sleeve so plenty more stickies to come.

Cheers

Mark

[The Mad Hughesy]

I doubt you can only take week blocks etc

Where I am they can tell you to take holidays if you accrue to much. Also if it is pre agreed with the boss or whomever it should

Be fine. I find that springing a leave request on them doesn't go down well.

Just ring the HR department if there is one. Or whoever processes your leave

[Binder]

Leave is generally at the employers discretion, eg, most places are not going to be keen to give you leave at the busiest time of year!

Likewise most employers do generally value employees so will be accommodating if they can.

Some industries have compulsory shutdowns so you dont have much choice, also if you work as part of a crew you might not get much choice.

As for the comments about sickies, remember you show a pattern of sick days and the boss is entitled to sack you for abusing them. Its pretty easy to track these days as well with electronic timekeeping and costing systems in use.

[madmullet]

I doubt you can only take week blocks etc

Where I am they can tell you to take holidays if you accrue to much. Also if it is pre agreed with the boss or whomever it should

Be fine. I find that springing a leave request on them doesn't go down well.

Just ring the HR department if there is one. Or whoever processes your leave

dont really have a HR. i try to give a min of 2 months notice , the last leave i put in for was 2 weeks ago, for 2 days at the end of october, plenty of notice. no one hear can fill in my job 100%, so looking after my role would be so much easier for 2 days over 5 days.