Fair Work Act. Australia

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СКАЧАТЬ that affect entitlement to payment for period of untaken paid annual leave

      Transfer of employment situation in which employer may decide not to recognise employee’s service with first employer

      (1) Subsection 22(5) does not apply (for the purpose of this Division) to a transfer of employment between non-associated entities in relation to an employee, if the second employer decides not to recognise the employee’s service with the first employer (for the purpose of this Division).

      Employee is not entitled to payment for untaken annual leave if service with first employer counts as service with second employer

      (2) If subsection 22(5) applies (for the purpose of this Division) to a transfer of employment in relation to an employee, the employee is not entitled to be paid an amount under subsection 90(2) for a period of untaken paid annual leave.

      Note: Subsection 22(5) provides that, generally, if there is a transfer of employment, service with the first employer counts as service with the second employer.

      92 Paid annual leave must not be cashed out except in accordance with permitted cashing out terms

      Paid annual leave must not be cashed out, except in accordance with:

      (a) cashing out terms included in a modern award or enterprise agreement under section 93, or

      (b) an agreement between an employer and an award/agreement free employee under subsection 94(1).

      93 Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave

      Terms about cashing out paid annual leave

      (1) A modern award or enterprise agreement may include terms providing for the cashing out of paid annual leave by an employee.

      (2) The terms must require that:

      (a) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and

      (b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and

      (c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.

      Terms about requirements to take paid annual leave

      (3) A modern award or enterprise agreement may include terms requiring an employee, or allowing for an employee to be required, to take paid annual leave in particular circumstances, but only if the requirement is reasonable.

      Terms about taking paid annual leave

      (4) A modern award or enterprise agreement may include terms otherwise dealing with the taking of paid annual leave.

      94 Cashing out and taking paid annual leave for award/agreement free employees

      Agreements to cash out paid annual leave

      (1) An employer and an award/agreement free employee may agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave.

      (2) The employer and the employee must not agree to the employee cashing out an amount of paid annual leave if the agreement would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

      (3) Each agreement to cash out a particular amount of paid annual leave must be a separate agreement in writing.

      (4) The employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.

      Requirements to take paid annual leave

      (5) An employer may require an award/agreement free employee to take a period of paid annual leave, but only if the requirement is reasonable.

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

      (a) the employee has accrued an excessive amount of paid annual leave; or

      (b) the employer’s enterprise is being shut down for a period (for example, between Christmas and New Year).

      Agreements about taking paid annual leave

      (6) An employer and an award/agreement free employee may agree on when and how paid annual leave may be taken by the employee.

      Note: Matters that could be agreed include, for example, the following:

      (a) that paid annual leave may be taken in advance of accrual;

      (b) that paid annual leave must be taken within a fixed period of time after it is accrued;

      (c) the form of application for paid annual leave;

      (d) that a specified period of notice must be given before taking paid annual leave.

      Division 7—Personal/carer’s leave and compassionate leave

      Subdivision A — Paid personal/carer’s leave

      95 Subdivision applies to employees other than casual employees

      This Subdivision applies to employees, other than casual employees.

      96 Entitlement to paid personal/carer’s leave

      Amount of leave

      (1) For each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer’s leave.

      Accrual of leave

      (2) An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

      97 Taking paid personal/carer’s leave

      An employee may take paid personal/carer’s leave if the leave is taken:

      (a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or

      (b) to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:

      (i) a personal illness, or personal injury, affecting the member; or

      (ii) an unexpected emergency affecting the member.

      Note: The notice and evidence requirements of section 107 must be complied with.

      98 Employee taken not to be on paid personal/carer’s leave on public holiday

      If СКАЧАТЬ