Taking of leave Clause Samples

Taking of leave. 49.5.1 When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is agreed between the Employer and an Employee, or in default of agreement as is determined by Fair Work Commission, provided that no such agreement shall require such leave to commence before the expiry of six months from the date of such agreement. 49.5.2 Any long service leave shall be inclusive of any public holiday occurring during the period when the leave is taken. 49.5.3 If the Employer and an Employee so agree: a. the first six months long service leave to which an Employee becomes entitled under Section 2 may be taken in two or three separate periods; and b. any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods provided that the period referred to in paragraph (a) shall be taken in one period. 49.5.4 The Employer may by agreement with an Employee ▇▇▇▇▇ ▇▇▇▇ service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years' service. 49.5.5 Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance.

Taking of leave. (a) When an Employee becomes entitled to long service leave such leave will be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by the Commission; provided that no such determination will require such leave to commence before the expiry of six months from the date of such determination.

Taking of leave. (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by a member of the Fair Work Commission; provided that no such determination shall require such leave to commence before the expiry of six months from the date of such determination. (b) Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part may be taken in two or three separate periods; and (ii) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods; but save as aforesaid long service leave shall be taken in one period. (d) The Employer may by agreement with an Employee ▇▇▇▇▇ ▇▇▇▇ service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years’ service. (e) Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance.

Taking of leave. (a) When leave is to be taken (b) How leave is to be taken (c) Long service leave in advance (i) Subject otherwise to this Part 3 and in accordance with s.8(1) of the LSL Act, an Employer may agree to an Employee taking long service leave prior to them completing 7 years of continuous employment and at any time before they become entitled to long service leave. (ii) If an Employee takes long service leave in advance and the Employee's employment ends before the entitlement to the leave would otherwise have accrued: A. the amount paid for the proportion of leave which the Employee will not become entitled becomes an amount owed by the Employee to the Employer; B. the Employer may deduct this amount from any payment owed to the Employee as a result of the ending of employment; and C. the relevant period of service will not count as a period in respect of which long service leave has already been taken (or paid in lieu) for the purpose of clause 57.5(b) above (Periods that count towards Continuous Service for Group A and Group B Employees). (d) Flexible taking of leave: double leave at half pay (i) An employee may request an Employee to take double the period of long service leave at half pay. (ii) An Employer must grant such a request unless: A. granting the request would result in an additional cost to the Employer; or B. the Employer otherwise has reasonable business grounds for refusing the request. (iii) Employees should seek independent advice regarding the taxation and superannuation implications of seeking payment under this subclause 57.15(d). The Employer will not be held responsible in any way for the cost or outcome of any such advice. (iv) The Employer, if requested by the Employee, will provide information as to the amount of tax the Employer intends to deduct where payment of long service leave is sought under this subclause.

Taking of leave. (a) Four weeks’ notice of the date from which an Employee shall commence his or her annual leave shall be given by either the Employer (subject to paragraph (b) below) or Employee unless otherwise mutually agreed upon between the parties concerned. (b) An Employee with an accrued annual leave entitlement can apply for annual leave at any time (including single day leave) and such request will not be unreasonably refused by the Employer. Where agreement cannot be reached between an Employee and Employer as to when annual leave can be taken, the Employer may require the Employee to take such leave at a time directed by the Employer, provided that the Employee may only be directed to take excessive leave in accordance with clause 53.7 below (i) In the case of nurses, a period of two (2) years after the date upon which the right to such annual leave accrues. (ii) In the case of Personal Care Workers and HASA staff, a period of 18 months after the date upon which the right to such annual leave accrues. (c) Except as provided in paragraph (d) below if the Employee and the Employer so agree the annual leave period or either of such separate periods may be taken wholly or partly in advance before the Employee has become entitled to the annual leave. (d) On application by the Employee and by agreement with the Employer annual leave may be taken as single days in each year of employment. These single days may be taken consecutively. Annual leave so taken shall be exempt from the payment in advance requirements below and shall be paid in the next pay period.

Taking of leave. (i) When an employee becomes entitled to long service leave such leave shall be granted by the employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such a date as is mutually agreed. (ii) Any long service leave shall be inclusive of any public holiday or accrued day off occurring during the period when leave is taken. (iii) If the employer and an employee so agree: A. the first six months long service· leave to which an employee becomes entitled under this Agreement may be taken in two or three separate periods; and B. any subsequent period of long service leave to which the employee becomes entitled may be taken in two separate periods, but save as aforesaid long service leave shall be taken in one period.

Taking of leave. (a) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by a member of the Commission: provided that no such determination shall require such leave to commence before the expiry of six months from the date of such determination. (b) Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken. (c) If the Employer and an Employee so agree: (i) the first six months long service leave to which an Employee becomes entitled under this part, and any corresponding leave taken at half pay under clause 21.2, may be taken in two or three separate periods; and (ii) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods. but save as aforesaid long service leave shall be taken in one period. (d) An Employer may by agreement with an Employee ▇▇▇▇▇ ▇▇▇▇ service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten years service. (e) Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance.

Taking of leave. (i) When leave is to be taken (A) long service leave may be postponed to a mutually agreeable date; (B) if agreement cannot be reached: i. for Group A Employees, the date will be determined by a member of the Fair Work Commission provided that such a determination will not require long service leave to commence before six months from the date of such determination; and ii. for Group B Employees the date may be determined by the Employee save that the Employer may refuse the date nominated by an Employee on reasonable business grounds. (C) Employees of the Royal Women's Hospital or Royal Children's Hospital classified in a role described in Schedule 3D who: i. become entitled to long service leave; and ii. do not take such leave within two years, may otherwise be required to take an amount of leave to reduce their entitlement to no more than three (3) months, unless deferment of the leave has been approved in writing by the Employer; and (D) leave the subject of approval or grant under clause 61.2(c)(iii) shall be taken in accordance with the terms of the application or agreement. (ii) How leave is to be taken

Taking of leave. (a) The Doctor must provide proof of death or illness to the satisfaction of the Health Service. (b) Any unused portion of compassionate leave will not accrue from year to year and will not be paid out on termination. (c) Such leave does not have to be taken consecutively. (d) A Doctor may take unpaid compassionate leave by agreement with the Health Service. (e) The Health Service will require the Doctor to provide satisfactory evidence to support the taking of compassionate leave.