Australian Fair Pay and Conditions Standard - Provisions - Annual Leave

Annual Leave

The basic entitlement to annual leave is for 4 weeks of paid annual leave every year. All full-time and part-time employees covered by WorkChoices are entitled to paid annual leave. Part-time employees accrue their annual leave on a pro-rata basis. Annual leave accrues for each completed 4 week period of continuous service and is cumulative. Casual employees do not have an entitlement to annual leave under the Standard. Continuous shift workers get 1 extra week of annual leave every year, provided that they regularly work both Sundays and public holidays (not either Sundays or public holidays).

When taking annual leave, employees are entitled to at least the basic rate of pay they are on at the time of commencing the annual leave. It is also possible for employees to request to cash out up to 2 weeks (or the pro rata equivalent for part-time employees) of their accrued annual leave entitlement every 12 months. However, this can only occur if a term in a workplace agreement specifically permits cashing out. Requests to cash out annual leave must be in writing and can be refused by an employer. An employer must not require an employee to cash out an entitlement to annual leave, or exert undue influence or pressure on an employee.

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