FAIR WORK ACT 1994 - SCHEDULE 4
FAIR WORK ACT 1994 - SCHEDULE 4
Schedule 4—Minimum standard for annual leave
In this Schedule—
continuous service means continuous service under a contract of employment and
includes a period of paid leave taken under this Act or under an award or
enterprise agreement;
full pay means remuneration for ordinary hours of work (not including payments
in the nature of penalty rates, overtime, allowances or loadings).
This Schedule does not apply to a person who is engaged and paid as a casual
employee.
3—Accrual of annual leave entitlement
An employee's entitlement to annual leave accrues as follows—
(a) an
employee is entitled to 4 weeks' annual leave for each completed year of
continuous service; and
(b) if
an employee's employment comes to an end and the period of service is not
exactly divisible into complete years—the employee is entitled to
⅓ of one week's annual leave for each completed month of the remainder.
(1) Annual leave is to
be taken at a time agreed between the employer and the employee.
(2) However, an
employer may require an employee to take annual leave by giving the employee
notice of the requirement at least 2 weeks before the period of annual leave
is to begin if—
(a) the
employer and the employee fail to agree on the time for taking the annual
leave; or
(b) the
taking of the leave is necessary to facilitate a temporary shut-down of part
or all of the employer's business operations.
(3) If an employer
determines the time for taking annual leave under subsection (2)(a), the
leave must begin within 12 months after the entitlement to the leave accrues.
5—Annual leave to be on full pay
(1) A full-time
employee is entitled to full pay for a period of annual leave.
(2) A part-time
employee is entitled to pro-rata pay for a period of annual leave.
(3) If an employee's
employment comes to an end before the employee has taken all the annual leave
to which the employee is entitled, the employee (or the employee's estate) is
entitled to the monetary equivalent of that leave.