forced annual leave over the Christmas holiday period

AFTA @ Work Newsletter - November

• Q) I am the owner of a travel retail business. I plan to close the office during the Christmas/New Year period. Can I ask my staff to take annual leave during the time the office is closed?
  Mark-Port Hedland

A) The relevant award is the General Retail Industry Award 2010 (‘the Award’). Under the Award, you can compel your employees to take annual leave by giving at least four weeks’ notice. As there is currently more than four weeks until the proposed closure period, you are able to comply with this requirement.

The days which are public holidays must not be classed as annual leave days though.

You may have the situation where certain employees have not accrued enough annual leave to enable them to take the compulsory leave. In the circumstances, you are permitted to grant annual leave in excess of that which is accrued. Your employees can then work extra days in order to make-up for the leave already granted. If their employment comes to an end before such time as they are able to make-up the leave, you are entitled to deduct the amount of leave still owing from any remuneration payable to the employee.

For more information please contact:

Kayt Hogan
LHD Lawyers Solicitor
LHD Lawyers

Website: https://www.lhd.com.au/

Suite 1, Level 3,
130 Elizabeth Street
Sydney NSW 2000
Tel: 9264-6644

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