EXCESSIVE ANNUAL LEAVE: REQUEST BY EMPLOYEE FOR LEAVE Sample Clauses

EXCESSIVE ANNUAL LEAVE: REQUEST BY EMPLOYEE FOR LEAVE. If an employee has genuinely tried to reach agreement with an employer under Clause 33.8 but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave. However, an employee may only give a notice to the employer under this clause if: (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and (ii) the employee has not been given a direction under Clause 33.8 that, when any other paid annual leave arrangements (whether otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual. A notice given by an employee under this clause must not: (i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under the Clause or otherwise agreed by the employer and employee) are taken into account; or (ii) provide for the employee to take any period of paid annual leave of less than one week; or (iii) provide for the employee to take a period of paid annual leave beginning less than 4 weeks, or more than 12 months, after the notice is given; or (iv) be inconsistent with any leave arrangement agreed by the employer and employee. An employee is not entitled to request by a notice under this clause more than 4 weeks paid annual leave (or 5 weeks paid annual leave for a shift worker, as defined by this Agreement) in any period of 12 months. The employer must grant paid annual leave requested by a notice under the clause.
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Related to EXCESSIVE ANNUAL LEAVE: REQUEST BY EMPLOYEE FOR LEAVE

  • Public Holidays falling within Annual Leave (a) If a Public Holiday, as prescribed in this Agreement, falls within an Employee’s Annual Leave the Public Holiday does not constitute part of the Employee’s Annual Leave and will be paid as ordinary hours.

  • Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period. (b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.

  • Cashing out annual leave The employee may, with the agreement of the employer, request in writing, to cash out up to two weeks of their annual leave during each 12 month period. Annual leave cannot be cashed out in advance of it being credited to the employee. Cashed out annual leave will be paid at the rate of pay that the employee receives at the time when the request is made.

  • Loading on Annual Leave During a period of annual leave an Employee covered by this clause shall receive a loading of 22.5% calculated on the all-purpose rate of wage prescribed by Appendix A, clause 2.3 of this Agreement.

  • Annual Leave upon termination (a) On termination of employment, the value of any accrued but untaken annual leave shall be paid out to an Employee. (b) Leave loading will also apply to annual leave paid out upon termination.