Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_92h
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 92H
Character Range: 169061–171073

92H  Rules about taking annual leave

General rules

 (1) Subject to this section and section 92E, an employee is entitled to take an amount of annual leave during a particular period if:
 (a) at least that amount of annual leave is credited to the employee; and
 (b) the employee's employer has authorised the employee to take the annual leave during that period.

 (2) To avoid doubt, there is no maximum or minimum limit on the amount of annual leave that an employer may authorise an employee to take.

 (3) Any authorisation given by an employer enabling an employee to take annual leave during a particular period is subject to the operational requirements of the workplace or enterprise in respect of which the employee is employed.

 (4) An employer must not unreasonably:
 (a) refuse to authorise an employee to take an amount of annual leave that is credited to the employee; or
 (b) revoke an authorisation enabling an employee to take annual leave during a particular period.

Shut downs

 (5) An employee must take an amount of annual leave during a particular period if:
 (a) the employee is directed to do so by the employee's employer because, during that period, the employer shuts down the business, or any part of the business, in which the employee works; and
 (b) at least that amount of annual leave is credited to the employee.

Extensive accumulated annual leave

 (6) An employee must take an amount of annual leave during a particular period if:
 (a) the employee is directed to do so by his or her employer; and
 (b) at the time that the direction is given, the employee has annual leave credited to him or her of more than 1/13 of the number of nominal hours worked by the employee for the employer during the period of 104 weeks ending at the time that the direction is given; and
 (c) the amount of annual leave that the employee is directed to take is less than, or equal to, 1/4 of the amount of credited annual leave of the employee at the time that the direction is given.