Common use of ANNUAL LEAVE AND LEAVE LOADING Clause in Contracts

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) require the Employee to take any period of leave commencing less than eight (8) weeks after the day the direction is given to the Employee; (d) require the Employee to take any period of leave commencing more than twelve (12) months after the day the direction is given to the Employee; or (e) be inconsistent with any leave arrangement agreed between Outlook and Employee. 24.10 An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 24.11 Outlook must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. 24.12 If leave is agreed after a direction is issued and the direction would then result in the Employee's remaining accrued entitlement to paid annual leave at any time being less than six (6) weeks, the direction will be deemed to have been withdrawn. 24.13 The Employee must take paid annual leave in accordance with a direction complying with this clause. 24.14 Payment must not be made or accepted in lieu of annual leave unless it complies with the following: (a) paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks; (b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between Outlook and the Employee; and (c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. 24.15 Where a period of annual leave is equal to or less than one week, payment will be made as per the normal pay cycle or if annual leave is more than one (1) week, in advance, at the Employee’s election. 24.16 Annual leave is exclusive of the Public Holidays referred to in Section 23 of this Agreement. If a public holiday falls on a day during an Employee's period of annual leave which would otherwise have been an ordinary working day for that Employee, the Employee will be credited with additional annual leave equivalent to the ordinary time the Employee would have worked on that day. 24.17 If an Employee becomes sick while on annual leave on a day he or she would otherwise have worked, and the Employee forwards a certificate of a qualified medical practitioner or other relevant practitioner to Outlook as soon as is practicable, then the number of days specified in the certificate will be deducted from any personal leave entitlements the Employee has accrued, and re-credited to the Employee's annual leave entitlement. Any annual leave loading paid in accordance with Clause 24.4 of this Agreement in respect of annual leave converted to personal leave in accordance with this clause will not be re-credited. 24.18 An Employee and Outlook may agree to defer payment of the annual leave loading in respect of single day absences, until at least five (5) consecutive annual leave days are taken. 24.19 Outlook may agree with an Employee to take annual leave in advance of the entitlement accruing, subject to the following: (a) the Employee has worked with Outlook for a period of at least 12 months; (b) the Employee agrees in writing with Outlook that if the employment ceases for any reason prior to the Employee accruing the equivalent amount of leave advanced, then the Employee agrees that Outlook can deduct the amount owing from the Employee’s final pay; (c) the amount of leave advanced to the Employee is no more than ten (10) days of annual leave. 24.20 If an Employee’s employment ceases prior to the Employee taking their accrued annual leave entitlement, Outlook must pay to the Employee what would have been payable had the Employee taken that period of leave.

Appears in 1 contract

Sources: Enterprise Agreement

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. 23.1 Annual leave accrues progressively and subject to Clause 24.11 can entitlements shall 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 provisions of this Agreementthe Annual Holidays ▇▇▇ ▇▇▇▇. Any annual leave entitlement will be on ordinary pay. 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 23.2 By mutual agreement the employee's excessive annual leave accrualentitlement may be taken as single days. 24.8 An 23.3 The Company will try to accommodate employee requests of annual leave but not in a way that compromises the operation of the business. Leave rosters will seek to share leave during holiday periods in a way that is fair to all employees. 23.4 If a Company and an employee fail to agree on the time (or times) for taking annual leave or part thereof the Company may be directed require the employee to take annual leave where an employee has an excessive leave accrual if by giving 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 requirement of leave of less than one (1) week; (c) require the Employee to take any period of leave commencing less than eight (8) weeks after the day the direction is given to the Employee; (d) require the Employee to take any period of leave commencing more than twelve (12) months after the day the direction is given to the Employee; or (e) be inconsistent with any leave arrangement agreed between Outlook and Employee. 24.10 An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 24.11 Outlook must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. 24.12 If leave is agreed after a direction is issued and the direction would then result in the Employee's remaining accrued entitlement to paid annual leave at any time being less than six (6) weeks, the direction will be deemed to have been withdrawn. 24.13 The Employee must take paid annual leave in accordance with a direction complying with this clause. 24.14 Payment must not be made or accepted in lieu of annual leave unless it complies with the following: (a) paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks; (b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between Outlook and the Employee; and (c) the Employee must be paid at least 4 weeks before the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. 24.15 Where a period of annual leave is equal to or less begin. 23.5 Employees should not accrue more than four weeks annual leave at any one weektime. Employees who currently have greater than four weeks leave accrued are required to take leave at the next possible opportunity as agreed with the Company. 23.6 Should an employee transfer to a salaried position, payment all eligible annual leave loading will be made as per paid out to the normal pay cycle or if annual leave is more than one (1) week, employee in advance, at a lump sum upon transferring to the Employee’s electionnew position. 24.16 23.7 Annual leave is exclusive loading of 17.5% of the Public Holidays referred appropriate ordinary weekly time rate of pay shall be payable in addition to the pay for the period of the holiday given and taken and due to the employee. 23.8 The loading is to be calculated in Section 23 of this Agreement. If a public holiday falls on a day during an Employee's relation to any period of annual holiday to which the employee becomes entitled or where such a holiday is given and taken in separate periods, then in relation to each separate period. 23.9 No loading is payable to employee who takes an annual holiday wholly or partly in advance 23.10 Annual leave which would otherwise have been loading shall not be payable on pro rata annual leave, upon terminating from the Company. Where an ordinary working day for that Employeeemployee has accrued an entitlement of leave, the Employee leave loading will be credited with additional annual leave equivalent to the ordinary time the Employee would have worked on that daypayable. 24.17 If an Employee becomes sick while on annual leave on a day he or she would otherwise have worked, and the Employee forwards a certificate of a qualified medical practitioner or other relevant practitioner to Outlook as soon as is practicable, then the number of days specified in the certificate will be deducted from any personal leave entitlements the Employee has accrued, and re-credited to the Employee's annual leave entitlement. Any annual leave loading paid in accordance with Clause 24.4 of this Agreement in respect of annual leave converted to personal leave in accordance with this clause will not be re-credited. 24.18 An Employee and Outlook may agree to defer payment of the annual leave loading in respect of single day absences, until at least five (5) consecutive annual leave days are taken. 24.19 Outlook may agree with an Employee to take annual leave in advance of the entitlement accruing, subject to the following: (a) the Employee has worked with Outlook for a period of at least 12 months; (b) the Employee agrees in writing with Outlook that if the employment ceases for any reason prior to the Employee accruing the equivalent amount of leave advanced, then the Employee agrees that Outlook can deduct the amount owing from the Employee’s final pay; (c) the amount of leave advanced to the Employee is no more than ten (10) days of annual leave. 24.20 If an Employee’s employment ceases prior to the Employee taking their accrued annual leave entitlement, Outlook must pay to the Employee what would have been payable had the Employee taken that period of leave.

Appears in 1 contract

Sources: Enterprise Agreement

ANNUAL LEAVE AND LEAVE LOADING. 24.1 ‌ 49.1 A Full full-time Employee is entitled to 20 days (152 hours) paid annual leave for each continuous 12 months of service with Outlook. Annual AHPRA (unless the Employee is employed by ▇▇▇▇▇ in the Northern Territory, in which case the Employee is entitled to 6 weeks paid annual leave accrues progressively and subject to Clause 24.11 can be taken prior to for each 12 months of continuous service. 24.2 Part service with AHPRA). Part-time employees Employees will accrue on a pro-pro rata basis. Annual leave accrues progressively. Annual leave counts as service for all purposes. 24.3 49.2 Annual leave can be taken in periods of half a day or less than half of a day where requested by the employeeday. 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 49.3 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 rate leave on termination of employment, except where the employment has been terminated on the grounds of serious or wilful misconduct. 24.6 49.4 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 49.5 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 AHPRA 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 Employee’s excessive leave accrual. 24.8 An employee 49.6 ▇▇▇▇▇ may direct that leave be directed to take taken if an Employee has at least eight (8) weeks annual leave where accrued (unless the Employee is employed by ▇▇▇▇▇ in the Northern Territory, in which case AHPRA may direct that leave be taken in an employee Employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid at least twelve (12) weeks annual leave or 10 weeks’ paid annual leave for a shift workeraccrued). 24.9 49.7 If agreement is not reached to reduce this accrual, Outlook AHPRA 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 Result in the Employee's ’s remaining accrued accrues 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 Require the Employee to take any period of leave of less than one (1) week; (c) require Require the Employee to take any period of leave commencing less than eight (8) weeks after the day the direction is given to the Employee; (d) require Require the Employee to take any period of leave commencing more than twelve (12) months after the day the direction is given to the Employee; or (e) be inconsistent with any leave arrangement agreed between Outlook and Employee. 24.10 An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 24.11 Outlook must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. 24.12 If leave is agreed after a direction is issued and the direction would then result in the Employee's remaining accrued entitlement to paid annual leave at any time being less than six (6) weeks, the direction will be deemed to have been withdrawn. 24.13 The Employee must take paid annual leave in accordance with a direction complying with this clause. 24.14 Payment must not be made or accepted in lieu of annual leave unless it complies with the following: (a) paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks; (b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between Outlook and the Employee; and (c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. 24.15 Where a period of annual leave is equal to or less than one week, payment will be made as per the normal pay cycle or if annual leave is more than one (1) week, in advance, at the Employee’s election. 24.16 Annual leave is exclusive of the Public Holidays referred to in Section 23 of this Agreement. If a public holiday falls on a day during an Employee's period of annual leave which would otherwise have been an ordinary working day for that Employee, the Employee will be credited with additional annual leave equivalent to the ordinary time the Employee would have worked on that day. 24.17 If an Employee becomes sick while on annual leave on a day he or she would otherwise have worked, and the Employee forwards a certificate of a qualified medical practitioner or other relevant practitioner to Outlook as soon as is practicable, then the number of days specified in the certificate will be deducted from any personal leave entitlements the Employee has accrued, and re-credited to the Employee's annual leave entitlement. Any annual leave loading paid in accordance with Clause 24.4 of this Agreement in respect of annual leave converted to personal leave in accordance with this clause will not be re-credited. 24.18 An Employee and Outlook may agree to defer payment of the annual leave loading in respect of single day absences, until at least five (5) consecutive annual leave days are taken. 24.19 Outlook may agree with an Employee to take annual leave in advance of the entitlement accruing, subject to the following: (a) the Employee has worked with Outlook for a period of at least 12 months; (b) the Employee agrees in writing with Outlook that if the employment ceases for any reason prior to the Employee accruing the equivalent amount of leave advanced, then the Employee agrees that Outlook can deduct the amount owing from the Employee’s final pay; (c) the amount of leave advanced to the Employee is no more than ten (10) days of annual leave. 24.20 If an Employee’s employment ceases prior to the Employee taking their accrued annual leave entitlement, Outlook must pay to the Employee what would have been payable had the Employee taken that period of leave.twelve

Appears in 1 contract

Sources: Enterprise Agreement

ANNUAL LEAVE AND LEAVE LOADING. 24.1 49.1 A Full full-time Employee employee is entitled to 20 days (152 hours) paid annual leave for each continuous 12 months of service with Outlook. Annual ▇▇▇▇▇ (unless the employee is employed by ▇▇▇▇▇ in the Northern Territory, in which case the employee is entitled to six weeks paid annual leave accrues progressively and subject to Clause 24.11 can be taken prior to for each 12 months of continuous service. 24.2 Part service with ▇▇▇▇▇). Part-time employees will accrue on a pro-pro rata basis. Annual leave accrues progressively. Annual leave counts as service for all purposes. 24.3 49.2 Annual leave can be taken in periods of half a day or less than half of a day where requested by the employeeday. 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 49.3 A loading of 17.5% will be paid at the time an Employee employee takes a period of annual leave. The loading also applies to pro rata rate leave on termination of employment, except where the employment has been terminated on the grounds of serious or wilful misconduct. 24.6 49.4 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 49.5 Before Outlook ▇▇▇▇▇ can direct that leave be taken under this clause or an Employee employee can give notice of leave to be granted under this clause, Outlook ▇▇▇▇▇ or the Employee employee must seek to confer and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee's ’s excessive leave accrual. 24.8 An employee 49.6 ▇▇▇▇▇ may direct that leave be directed to take annual leave where taken if an employee has an excessive at least eight (8) weeks annual leave accrual if accrued (unless the employee is employed by ▇▇▇▇▇ in the Northern Territory, in which case Ahpra may direct that leave be taken in an employee has accrued more than 8 weeks’ paid at least twelve (12) weeks annual leave or 10 weeks’ paid annual leave for a shift workeraccrued). 24.9 49.7 If agreement is not reached to reduce this accrual, Outlook Ahpra may give a written direction to the Employee employee to take a period or periods of paid annual leave. Such a direction must not: (a) a. result in the Employee's employee’s remaining accrued accrues 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, agreed that the Employee employee has been directed to take or that the Employee employee has given notice of under this clause); (b) b. require the Employee employee to take any period of leave of less than one (1) week; (c) c. require the Employee employee to take any period of leave commencing less than eight (8) weeks after the day the direction is given to the Employee; (d) employee d. require the Employee employee to take any period of leave commencing more than twelve (12) months after the day the direction is given to the Employee; employee, or (e) be inconsistent with any leave arrangement agreed between Outlook and Employee. 24.10 An Employee to whom a direction has been given under this clause may make a request to take paid annual leave as if the direction had not been given. 24.11 Outlook must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. 24.12 If leave is agreed after a direction is issued and the direction would then result in the Employee's remaining accrued entitlement to paid annual leave at any time being less than six (6) weeks, the direction will be deemed to have been withdrawn. 24.13 The Employee must take paid annual leave in accordance with a direction complying with this clause. 24.14 Payment must not be made or accepted in lieu of annual leave unless it complies with the following: (a) paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to paid annual leave being less than four (4) weeks; (b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between Outlook and the Employee; and (c) the Employee must be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. 24.15 Where a period of annual leave is equal to or less than one week, payment will be made as per the normal pay cycle or if annual leave is more than one (1) week, in advance, at the Employee’s election. 24.16 Annual leave is exclusive of the Public Holidays referred to in Section 23 of this Agreement. If a public holiday falls on a day during an Employee's period of annual leave which would otherwise have been an ordinary working day for that Employee, the Employee will be credited with additional annual leave equivalent to the ordinary time the Employee would have worked on that day. 24.17 If an Employee becomes sick while on annual leave on a day he or she would otherwise have worked, and the Employee forwards a certificate of a qualified medical practitioner or other relevant practitioner to Outlook as soon as is practicable, then the number of days specified in the certificate will be deducted from any personal leave entitlements the Employee has accrued, and re-credited to the Employee's annual leave entitlement. Any annual leave loading paid in accordance with Clause 24.4 of this Agreement in respect of annual leave converted to personal leave in accordance with this clause will not be re-credited. 24.18 An Employee and Outlook may agree to defer payment of the annual leave loading in respect of single day absences, until at least five (5) consecutive annual leave days are taken. 24.19 Outlook may agree with an Employee to take annual leave in advance of the entitlement accruing, subject to the following: (a) the Employee has worked with Outlook for a period of at least 12 months; (b) the Employee agrees in writing with Outlook that if the employment ceases for any reason prior to the Employee accruing the equivalent amount of leave advanced, then the Employee agrees that Outlook can deduct the amount owing from the Employee’s final pay; (c) the amount of leave advanced to the Employee is no more than ten (10) days of annual leave. 24.20 If an Employee’s employment ceases prior to the Employee taking their accrued annual leave entitlement, Outlook must pay to the Employee what would have been payable had the Employee taken that period of leave.

Appears in 1 contract

Sources: Enterprise Agreement