Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 11

11 Entitlement

(1) This section does not apply to--

(a) casual employees; or
(b) pieceworkers; or
(c) school-based apprentices or trainees.

(2) For each completed year of employment with an employer, an employee is entitled to--

(a) if the employee is not a shift worker--at least 4 weeks annual leave; or
(b) if the employee is a shift worker--at least 5 weeks annual leave.

(3) Annual leave is exclusive of a public holiday that falls during the leave.

(4) However, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.

(5) In working out a completed year of employment, the following periods when an employee is absent without pay are not to be taken into account--

(a) a period of more than 3 months when an employee is absent with the employer's approval;
(b) a period when an employee is absent without the employer's approval, unless the employee is absent for not more than 3 months because of illness or injury certified to by a doctor.

(6) This section does not operate to confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.

(7) Annual leave accumulates, unless an industrial instrument provides otherwise.

(8) In this section--

shift worker means an employee who--

(a) is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and
(b) works a rotating roster that includes each of the shifts.


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