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Your questions answered: Can we direct a retrenched employee to take annual leave?

By Portner Press on March 13th, 2019
  1. Employee Management
  2. Leave Provisions

 

Q
Can an employer direct an employee to use their annual leave during their notice period when their position has been made redundant?

Our employee has a 3-month notice period under their employment agreement and we would like them to take annual leave to reduce their leave accrual and the amount payable to them when they leave.

 

A
Generally, an employer is unable to direct an employee to take annual leave during their notice period to reduce their entitlements upon termination of employment.

However, you may like to review the employee’s employment contract, relevant award or enterprise agreement to determine when you may require an employee to take annual leave.

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