Can management direct you to take leave?

Posted on
June 8, 2023
in
Health Services Industry

Here's what you need to know

We have a right to annual leave because of the long union campaign to win it, and it’s important to know exactly where you stand when it comes to your employer directing you to use your own leave.

Your employer can only direct you to take your leave if you’ve accrued over 8 weeks of leave as a day worker or 10 weeks as a shift worker. And there are a few conditions that must be met:

• You have been given a reasonable opportunity to submit a plan to reduce your annual leave to not more than 6 weeks within a six-month period

• Your employer has not unreasonably refused to agree to an annual leave reduction plan which involves saving leave for an extended vacation within 12 months of the plan being agreed to

Importantly, your employer must give you 8 weeks’ notice if they intend to direct you to take leave. They cannot force you to use your leave if it would leave you with less than 6 weeks of annual leave left, unless you work in an area where services are reduced over the holiday period in December and January.

If management aren’t following the rules and putting the squeeze on you to take annual leave, get in touch with us on 1300 880 032 or at assist@hacsu.org.au

For more information about this or any other industrial matter, members should contact HACSUassist on 1300 880 032 or email assist@hacsu.org.au or complete our online contact form

Health Services Industry