There are different rules that apply during a shutdown depending on what covers an employee. The following provides information on direction to take annual leave during shutdown as per the Children's Services Award.
Direction To Take Annual Leave During Shutdown
As per the Children's Services Award 2010, 24.4 Direction to take annual leave during shutdown, applies if an employer:
- intends to shut down all or part of its operation for a particular period during the Christmas vacation (temporary shutdown period); and
- wishes to require affected employees to take paid annual leave during that period.
Annual Leave
- For each year of service with an employer (other than periods of employment as a casual employee of the employer), you are entitled to: 4 weeks of paid annual leave.
- Your entitlement to paid annual leave accrues progressively during a year of service (other than periods of employment as a casual employee of the employer) according to your ordinary hours of work and accumulates from year to year.
Employees Without Enough Annual Leave To Cover A Shutdown
If you don't have enough paid annual leave to cover all of the shutdown, you and your employer can agree to other options for the days did not cover such as using:
- other paid time such as time off in lieu
- annual leave in advance
- leave without pay
You will be paid for any public holidays during the shutdown period that fall on days they would normally work.
Accumulating Annual Leave During A Shutdown
You will continue to accumulate annual leave during a shutdown period, unless you're taking leave without pay.
Your employer must give you a 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and all the staff.
Reference:
Direction To Take Annual Leave During A Shutdown, Fair Work Australia
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