Annual Leave and the Easter period
Employees commonly request annual leave alongside or during the Easter break. It is important that you respond to a request for annual leave within in a reasonable period of time. Further, it is important to give due consideration to your staffing needs during the Easter period.
Refusing annual leave requests
Employers cannot unreasonably refuse an employee’s request for annual leave. Only on reasonable business grounds can a request for annual leave be refused. It is important to balance the personal circumstance of the employee making the request against any reasonable business grounds for refusal of the request.
Case example
For example, an employee who requests annual leave during a school holiday period to care for their children, will experience the need to care for their children during school holidays, while balancing that against the employers need for adequate staffing to operate the practice. Further, an employee that does not comply with the practices policies regarding notice periods may also have their annual leave request refused by the employer.
Notifying employees of the request outcome
it is best practice for the employer to communicate to the employee the outcome of the annual leave request within a reasonable timeframe. Leave policies are highly recommended as the practice’s position on leave, notification of leave, and timing of leave, including for example annual close downs is then clearly set out in a policy for all to see and it makes for a fairer workplace.
Consider introducing a Leave Policy
We recommend reviewing any leave policy on a yearly basis. outcome of their request, once decided, must be communicated to the employee in an appropriate timeframe. To allow for a smoother process, we recommend that your practice’s leave policies are frequently revised annually at a minimum. AMA Queensland’s Workplace Relations team have leave policy templates available for purchase and we can review and/or tailor these on your behalf on a fee-for-service basis. WRAP subscribers receive these policy templates complimentary.
Can employees take annual leave on public holidays?
If the period during which an employee takes paid annual leave includes a day or part‑day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.
Is an employee entitled to any extra payment whilst on annual leave?
Under both the Health Professionals and Support Services Award 2020 and Nurses Award 2010 17.5 per cent annual leave loading will likely apply the only reason it may not is if this loading is absorbed in an Individual Flexibility Agreement (“IFA”). Please seek specific advice from us at [workplacerelations@amaq.com.au].
Leave Essentials Webinar
The AMA Queensland Workplace Relations Team is presenting a webinar about Leave Essentials: Rights and Obligations for Employees and Employers on 22 March from 10am – 11am. This webinar will provide a breakdown of the most relevant types of leave your employees might need to access, what their entitlements are, and case examples on frequently asked questions around these leave types. It will also cover topics such as how to manage employee’s taking excessive leave, what you can do if an employee has an excessive leave accrual, and will also provide a breakdown of policies your practice should have in regards to leave entitlements.
Later webinars in the series include:
Mental health in the workplace
Monday 24 May 2021 | 10am to 11am
Termination of employment
Monday 26 July 2021 | 10am to 12pm
Work, Health and Safety requirements
Monday 27 September 2021 | 10am to 11am
Complaints and grievance management
Monday 22 November 2021 | 10am to 11am