ANNUAL LEAVE AND LEAVE LOADING Clause Samples
ANNUAL LEAVE AND LEAVE LOADING. (a) Annual leave shall accrue progressively during a year of service according to the employee‘s ordinary hours of work and accumulates from year to year. Annual leave shall be granted on full pay on completion of each 12 months service as follows:
(i) Employees required to work on a seven-day basis - six weeks annual leave.
(ii) All other employees – four weeks annual leave.
(i) An employee to whom paragraph (i) of subclause (a) of this clause applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(ii) To the leave prescribed by paragraph (i) of subclause (a) there shall be added one working day or one half working day for each special public holiday or half public holiday, not being one of the ten specifically named public holidays prescribed by subclause (a) of Clause 21 - Public Holidays (or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(iii) To the leave prescribed by paragraph (ii) of subclause (a) of this clause there shall be added one working day or one half working day for each public holiday or half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a full-time shift worker the provisions of this paragraph shall apply to any public holiday falling during the period of annual leave.
(i) An employee shall be eligible for annual leave when 12 months have elapsed since the date on which the first annual leave would have begun if taken immediately it had become due or, if the employee has not previously had annual leave, since the commencement of employment.
(ii) Credit of time towards an allocated day off duty shall not accrue when an employee is absent in accordance with subclause (a) of this clause. Employees entitled to allocated days off duty in accordance with this Agreement, shall accrue credit towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with paragraph (ii) of subclause (b) of this clause and paragraph (i) of subclause (c) of Clause 21 - Public Holidays.
(d) Pai...
ANNUAL LEAVE AND LEAVE LOADING. 24.1 A Full time Employee is entitled to 20 days (152 hours) paid annual leave for each continuous 12 months of service with Outlook. Annual leave accrues progressively and subject to Clause 24.11 can be taken prior to each 12 months of continuous service.
24.2 Part time employees will accrue on a pro-rata basis. Annual leave accrues progressively. Annual leave counts as service for all purposes.
24.3 Annual leave can be taken in periods of half a day or less than half of a day where requested by the employee.
24.4 For the purposes of the additional leave provided by the NES, a shift worker is an employee who is regularly rostered to work their ordinary hours on a Saturday and/or Sunday (that is, not less than 10 in any 12 month period).
24.5 In recognition of an employee being unable to work overtime or earn certain allowances/loadings, a loading of 17.5% will be paid at the time an Employee takes a period of annual leave. The loading also applies to pro rata leave on termination of employment, except where the employment has been terminated on the grounds of serious misconduct.
24.6 This clause contains provisions additional to the National Employee Standards about taking paid annual leave, to deal with excessive paid annual leave accruals. A dispute in relation to the operation of this clause may be dealt with in accordance with the dispute resolution clause of this Agreement.
24.7 Before Outlook can direct that leave be taken under this clause or an Employee can give notice of leave to be granted under this clause, Outlook or the Employee must seek to confer and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee's excessive leave accrual.
24.8 An employee may be directed to take annual leave where an employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave or 10 weeks’ paid annual leave for a shift worker.
24.9 If agreement is not reached to reduce this accrual, Outlook may give a written direction to the Employee to take a period or periods of paid annual leave. Such a direction must not:
(a) result in the Employee's remaining accrued entitlement to paid annual leave at any time being less than six (6) weeks (taking into account all other paid annual leave that has been agreed, that the Employee has been directed to take or that the Employee has given notice of under this clause);
(b) require the Employee to take any period of leave of less than one (1) week;
(c...
ANNUAL LEAVE AND LEAVE LOADING. (a) Annual leave will accrue progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year:
(i) Full-time Employees required to work on a seven-day basis – will accrue six weeks annual leave per annum. This entitlement includes the additional week of annual leave provided for under the NES for shiftworkers (as defined at subclause (a)(i)(1) below):
(1) For the purposes of the NES and this clause, a shiftworker is defined as an Employee who is regularly rostered to work over seven days of the week; and regularly works on weekends.
(ii) All other Employees – four weeks annual leave.
(iii) Part time Employees Four weeks annual leave at the ordinary rate of pay will accrue per year of service in accordance with (a)(ii). Annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. The provisions of subclauses (c) to (m) of this clause will apply to Employees engaged as part-time Employees and the remaining provisions of this clause will not apply.
ANNUAL LEAVE AND LEAVE LOADING. 17.1 Period of leave
ANNUAL LEAVE AND LEAVE LOADING. 15.1. Permanent employees will be paid during annual holidays, on the basis of the Annual Holidays Act (NSW) 1944.
15.2. Full-time day shift employees and permanent part-time day shift employees shall be entitled to receive additional annual leave if, during a qualifying period of employment for annual leave purposes they have worked: 4 - 10 shifts One day 0.2 weeks 11 - 17 shifts Two days 0.4 weeks 18 - 24 shifts Three days 0.6 weeks 25 - 31 shifts Four days 0.8 weeks
15.3. An employee may elect to be paid an amount equivalent to the value of his/her additional leave entitlements in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.
15.4. Once leave accrues, it must be taken within 6 months. Any extension of that 6-month period is at the employer’s discretion, after special permission has been requested through the Facility Manager.
15.5. For employees entitled to annual leave, leave loading is paid at the rate of 17.5% on four weeks of the appropriate rate of pay, or shift allowances (clause 12) and weekend penalties (clause 13), whichever is greater.
15.6. A shift worker shall be paid whilst on annual leave his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with clause 16 - Public Holidays.
15.7. No loading is payable where the annual leave is taken wholly or partly in advance however it is payable on their next anniversary date provided employment of the emp loyee continues until that date.
ANNUAL LEAVE AND LEAVE LOADING. 20.1 Full time employees shall be entitled to 4 weeks (152 hours) annual leave for each completed 12 months of continuous service.
20.2 Annual Leave is subject to approval and shall be taken in accord with operational requirements (eg. single days or consecutive days). Notwithstanding, requests for annual leave shall not be unreasonably refused nor will there be undue delay in responding to applications for leave.
20.3 Employees are entitled to a 17.5% leave loading allowance on base rate of pay, regardless of whether the leave taken is accrued or pro rata leave. Leave loading will be paid annually on the first pay fortnight after 1 December each year.
20.4 Where an employee has accrued in excess of six weeks annual leave they may be instructed to take annual leave by the ARCBS where 8 weeks notice is given. It is acknowledge that employees may wish to accrue additional leave for special circumstances, if agreed by both the ARCBS and employee.
20.5 Employees will be entitled to a payment of all annual leave entitlements upon termination.
20.6 Where there is agreement between the ARCBS and the employee, leave for part time staff may be compacted.
20.7 Part time employees will be paid annual leave at the rate in which it was accrued.
20.8 Annual leave entitlements may, by mutual agreement between the employee and ARCBS, be cashed out in accordance with the Workplace Relations Act 1996.
ANNUAL LEAVE AND LEAVE LOADING. 23.1 The following annual leave entitlements for all full time employees (other than those identified in 23.1.1) for each completed 12 months of continuous service shall apply:
23.1.1 Receptionist (V Schoolmeester) – 6 weeks leave
23.1.2 Nursing staff – 5 weeks leave
23.1.3 Non-nursing staff – 4 weeks leave All such employees are deemed to be continuous shift workers.
23.2 Where employees are rostered and work 35 weekend shifts, ie Saturday or Sunday (irrespective of the length of the shift), in any 12 month consecutive period as defined by the ARCBS, and are paid shift penalties for the time worked, an additional 1 week's leave will be provided.
23.2.1 Additional leave will be provided on a pro rata basis (for each lot of seven weekend shifts) where fewer than 35 weekend shifts are rostered and worked.
23.2.2 Additional leave accrued in accordance with this Clause will not attract leave loading.
23.3 Annual Leave is subject to approval and shall be taken in accord with organisational requirements (eg. single or consecutive days or compacted leave). Notwithstanding, requests for annual leave shall not be unreasonably refused nor will there by ▇▇▇▇▇ delay in responding to applications for leave.
23.4 Employees are entitled to a 17.5% leave loading allowance on base rate of pay which will be paid to employees in December of each year on a pro rata basis. The intention is for this to be paid in the first full pay period on or after 1 December of each year.
23.5 Annual leave entitlements, may be cashed out in accordance with the Workplace Relations Act 1996, by mutual agreement in writing between the employee and ARCBS.
23.6 Where an employee has accrued in excess of six weeks annual leave and does not wish to cash out any annual leave, they may be instructed to take annual leave by the ARCBS where 8 weeks’ notice is given.
ANNUAL LEAVE AND LEAVE LOADING. 19.1 Full time employees shall be entitled to 4 weeks (152 hours) paid annual leave for each completed 12 months of continuous service.
ANNUAL LEAVE AND LEAVE LOADING. Employees terminated under this Agreement will be paid all due annual leave and loadings plus pro-rata annual leave and 17.5% loading on pro- rate annual leave.
ANNUAL LEAVE AND LEAVE LOADING. 22.1 Entitlement The annual leave entitlement specified in s.87 of the Fair Work Act 2009 is 4 weeks leave and is expressed as an hourly entitlement for administrative ease (i.e. 152 hours for a full-time employee entitled to four weeks of annual leave and 190 hours for a shift worker as defined). The entitlements provided in clause 22 Annual Leave and Leave Loading will be no less than those provided by the NES.