Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. EmployeesA Salaried Employee has an entitlement to 28 days Company Annual Leave during each holiday year. Annual leave forms part of the period of paid onshore leave and is factored into the general work cycle. Payment for annual leave is included within salary. An employee has the right to make an application in writing to designate 28 days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one year to the next. The holiday year is from 1st September until 31st August. Salaried Employees will receive salary payments during periods of approved Company Annual Leave in the usual way, which shall be regarded as Company Annual Leave pay. In the event of temporary down ▇▇▇▇▇▇▇, Salaried Employees are obliged to work on any installation, vessel covered by this Agreement or other than casualslocation onshore as the employer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, shall only once the normal onshore leave period has been taken. After the normal onshore leave period has been taken the employee must be contactable and available to mobilise. That work may be on a different rota or other work pattern. In that event, the employee will not be entitled to annual loss of leave in accordance with payment under the Australian Fair Pay clause below. The employer will endeavour, so far as reasonably practicable, to offer work on the basis of the same rota or its nearest equivalent. During the temporary downman Salaried Employees will continue to receive salary. When the employee is temporarily downmanned from the unit to which he/she is assigned, and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found redundancy does not apply, usual salary and appropriate allowances will continue to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuspayable.
Appears in 2 contracts
Sources: Joint Memorandum of Agreement, Joint Memorandum of Agreement
Annual Leave. EmployeesAnnual leave is accrued, other than casualsin any annual leave year, shall be entitled on a pro rata basis (at 8% of gross earnings, to date, given an annual leave entitlement of four weeks); • Each employee will receive a new entitlement to annual leave in accordance with on the Australian Fair Pay date of that employee’s anniversary of appointment; and Conditions Standard (AFPCS). This clause should • A new annual-leave year will begin, at that time, for that employee; • Annual leave shall be read in conjunction with taken within the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. annual-leave year; • The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks granting of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for will be considered on the basis of any period of accrued entitlement; • The employer may grant annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% in advance of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved accrued entitlement; • Any request by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an in advance of accrued entitlement must be in writing; • The employer may seek repayment for any annual leave credit is greater than what granted in advance of accrued entitlement, at a time where an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employee leaves their employment with the Employer, Employee’s centre; • There will be entitled a period of closure for a minimum of two (2) weeks at the end of the each calendar year to allow for employees to take a payment in lieu minimum two (2) weeks uninterrupted weeks of any unused accrued entitlement to leave. • The employer shall not agree that where an employee is sick or injured (or her/his partner or dependant is sick or injured) on a public holiday that the employee can take the period of sickness or injury as sick leave; given • The centre is not open on such public holidays; • The employer shall agree that where an employee is sick or injured when on annual leave. Annual , the employee can take the period of sickness or injury as sick leave loading shall not be payable for the payment of rather than annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of provided that all annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved can be taken by the Employer, the Employee will receive a payment in lieu end of the amount annual –leave year; • The employer shall require a medical certificate for periods where and employee is sick or injured (or her/his partner or dependant is sick or injured) when on annual leave, for any such day or days, unless there are exceptional circumstances; otherwise • The employer shall require a medical certificate for periods of annual absence on sick leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusexceeding three (3) days, unless there are exceptional circumstances.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. Employees, other than casuals, shall be 32.1 Permanent Employees are entitled to annual leave Annual Leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent provisions of the inconsistency. The Employer shall provide Employees with NES, except where the Agreement provides a copy of the AFPCS upon request. Employee’s more favourable outcome.
(a) All permanent employees, other than shift workers, are entitled to four (4) weeks paid annual leave.
(b) All permanent shift workers (as defined) are entitled to one (1) additional week of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of leave.
(c) The entitlement to paid annual leave shall be paid at accrues progressively during a year of service according to the normal weekly rate plus the addition employee's ordinary hours of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicablework, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but .
(d) Part-time employees receive a pro-rated paid annual leave entitlement based on the Employer may require an Employee, employee’s ordinary hours of work.
(e) Eligible employees must endeavour to take Annual Leave on a regular basis to ensure that there is minimal disruption to the operations of the Employer.
(f) Approval for planned annual leave when should be sought at least two (2) weeks prior to taking the leave wherever possible so that alternative working arrangements can be made to cover the absence(s) of employees. The Employer recognises that extraordinary circumstances may arise from time to time that may prevent an annual leave credit is greater than what an Employee would ordinarily accrue over two yearsemployee’s ability to provide the required notice. In this situation as much notice as possible is required.
(g) The Employer and an employee may agree in writing to the Employer may direct the Employee to take up to one quarter employee taking a period of the accumulated annual leave creditbefore the employee has accrued an entitlement to the leave. Upon Schedule D provides a template for such an agreement. The employer must keep a copy of any agreement as an employee record.
(h) If, on the termination of the employee’s employment, the employee has not accrued an Employee’s employment entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 32.1(g), the Employer, Employee’s will be entitled employer may deduct from any money due to a payment the employee on termination an amount equal to the amount that was paid to the employee in lieu respect of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for part of the payment period of annual leave upon termination of employment. An Employee may elect taken in advance to forego which an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statushas not been accrued.
Appears in 2 contracts
Sources: Enterprise Agreement, Enterprise Agreement
Annual Leave. Employees
12-1 Full-time, other than casuals, year-round classified employees shall be entitled to the hourly equivalent of ten working days of paid annual leave each year during their first five years of employment. After five (5) consecutive years of employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of fifteen working days of paid annual leave. After fifteen (15) years of consecutive employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of twenty (20) working days of paid annual leave. (2011)
12-2 Annual leave is earned and credited to the employee on a monthly basis coinciding with pay periods. Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to personal business. Employees may not use annual leave before the end of the pay period in accordance which the hours accrued. (2011)
12-3 If an employee accepts a position that accrues annual leave and, immediately preceding the acceptance of such position, was in continuous full-time employment with the Australian Fair Pay and Conditions Standard (AFPCS)School District, such prior service time shall be included in determining the rate at which annual leave shall accrue. This clause should rate shall be read in conjunction prorated dependent upon the prior contracted days. (2011)
12-4 Annual leave must be earned before it can be accrued and used. Entitled employees shall be eligible to take accrued annual leave following their first six (6) months of employment. Upon termination, an employee with more than six months of continuous employment will be paid for all accrued annual leave at the AFPCSemployee’s last regular rate of pay. (2011)
12-5 Annual Leave is an earned benefit. If any part employees meet the requirements for annual leave, they shall be allowed to take their annual leave at a time(s) of this clause their choosing, provided they request the leave in advance and receive approval from their supervisor. Reasonable consideration will be given to an employee's request for specified annual leave dates. In instances where there is found to a conflict in scheduling vacation time off submitted at the same time between employees in the same department or site, seniority shall be inconsistent with the AFPCSgiven priority. Otherwise, the AFPCS shall take precedence to employee that submits the extent of request the inconsistencyearliest would be given priority. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks (2017)
12-6 District staffing needs as well as emergency situations may require denial of annual leave per annum for fullrequests and/or rescheduling of approved dates.
12-time and pro-rata for part-time status7 No more than the hourly equivalent of two (2) years annual leave may be accumulated. Remuneration for any period of No additional annual leave shall be paid at accrued beyond the normal weekly rate plus the addition of a loadingmaximum that could be accumulated over two (2) years. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable(2011)
12-8 In unusual circumstances, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require earned annual leave to may be taken when accumulated beyond the Employer shuts down two (2) year maximum, provided the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, was unable to take annual vacation leave when an annual leave credit due to workload and the extended accrual is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is madeDistrict. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.(2011)
Appears in 2 contracts
Sources: Negotiation Agreement, Negotiation Agreement
Annual Leave. Employees8.1 Employees shall be entitled to 4 weeks annual leave, taken and paid in accordance with the Holidays Act 2003 and subject to the other provisions of this clause, except that on completion of five years recognised current continuous service the employee shall be entitled to 5 weeks annual leave.
8.2 Notwithstanding the above, casual employees shall be paid 8% of gross taxable earnings in lieu of annual leave to be added to the salary paid for each engagement, where they meet the requirements of s.28 of the Holidays Act.
8.3 The following provisions shall apply for annual leave:
(a) The employer may permit an employee to take annual leave in one or more periods.
(b) The Employer may permit all or part of the annual leave accruing in respect of a year to be postponed to the next following year, but the annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years.
(c) Provided that, where an employee is on continuous leave without pay due to illness or accident the employee will be permitted to take or accumulate leave for up to two years. After this, an employee will not qualify for any further period of leave until duty is resumed.
(d) Where an employee ceases duty, salary shall be paid for accrued annual leave and the last day of service shall be the last day of such accrued leave.
(e) Where an employee has been granted special leave including leave without pay (but excluding sick, accident or military leave) for a period of not less than casualstwo (2) months, shall the Employer may exclude such time from service for leave purposes.
(f) Every part-time employee will be entitled to annual leave in accordance with as prescribed. Salary during leave will be paid for the Australian Fair Pay and Conditions Standard employee’s usual working week.
(AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks g) Anticipation of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of overseas trip – An employee with over 20 years’ current continuous service may anticipate one year’s annual leave shall be paid at entitlement for the normal weekly rate plus purpose of taking a trip overseas.
(h) Leave without pay in relation to annual leave entitlement – An employee who is granted leave without pay and who remains in the addition of a loading. This loading shall be 17.5% Service of the normal weekly rate or the normal shift loading that would be applicableEmployer, which ever will, except where provision is greater. Annual made otherwise, have such leave is to be taken at times approved by an Employee’s Manager. The Employer may require counted as service for annual leave to be taken when the Employer shuts down the business, or any part purposes.
(i) The provisions of the business Parental Leave and Employment Protection Act 1987 shall apply in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year relation to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to employee takes a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusparental leave or returns to work from parental leave in accordance with Clause 15 of this Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Annual Leave. EmployeesA Salaried Employee has an entitlement to 28 days Company Annual Leave during each holiday year. Annual leave forms part of the period of paid onshore leave and is factored into the general work cycle. Payment for annual leave is included within salary. An employee has the right to make an application in writing to designate 28 days per year, during the onshore period, as Company Annual Leave. A period of Company Annual Leave cannot be taken in blocks of more than 2 weeks. If an application for Company Annual Leave is approved by the employer, the Salaried Employee will not be required to be available for work or to attend training, medicals or offshore survival courses during that period. The employer has the right to accept or decline an application for Annual Leave in accordance with business or client needs. The employer also has the right to dictate when Company Annual Leave must be taken, should it wish to do so. Unless with prior written agreement, or under the Regulations, there is no entitlement to carry forward any unused entitlement to Company Annual Leave from one holiday year to the next. Unless otherwise specified the holiday year is a calendar year, from 1st September until 31st August. Salaried Employees will receive salary payments during periods of approved Company Annual Leave in the usual way, which shall be regarded as Company Annual Leave pay. In the event of temporary down ▇▇▇▇▇▇▇, Salaried Employees are obliged to work on any installation, vessel covered by this Agreement or other than casualslocation onshore as the employer directs. In the event of a requirement to reduce the number of employees at any work site the employee may be required to work at a different worksite, shall only once the normal onshore leave period has been taken. That work may be on a different rota or other work pattern. In that event, the employee will not be entitled to annual loss of leave in accordance with payment under the Australian Fair Pay clause below. The employer will endeavour, so far as reasonably practicable, to offer work on the basis of the same rota or it’s nearest equivalent. During this period Salaried Employees will continue to receive salary. When the employee is temporarily downmanned from the unit to which he/she is assigned, and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found redundancy does not apply, usual salary and appropriate allowances will continue to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuspayable.
Appears in 2 contracts
Sources: Joint Memorandum of Agreement, Joint Memorandum of Agreement
Annual Leave. Employees, other than casuals, 20.1 Every employee shall be entitled to four weeks annual leave on ordinary pay on completion of each year of service.
20.2 The annual leave shall be given and taken in four consecutive weeks, or if the employee and the Hospital so agree, in other such separate periods as otherwise agreed which may include single day absences.
20.3 If the employee and the Hospital so agree, the annual leave or either of such separate periods may be taken wholly or partly in advance before the employee has become entitled to annual leave. Where such leave is taken, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.
20.4 Where the annual leave is taken in advance by the employee under sub-clause 20.3, and his/her employment is terminated before he/she has completed the year of employment in respect of which such annual leave, or part was taken, and the sum paid by the Network to the employee as ordinary pay for the annual leave or part so taken in advance, exceeds the sum which the Network is required to pay to the employee, the Hospital shall not be liable to make any payment to the employee under this clause and shall be entitled to deduct the amount of such excess from any remuneration payable to the employee, upon the termination of the employment.
20.5 Except as provided for elsewhere in this agreement payment shall not be made by the Hospital to an employee in lieu of any annual leave or part thereof to which the employee is entitled under this agreement nor shall any such payment be accepted by the employee.
20.6 The Hospital shall, subject to four weeks written notice by the employee, pay each employee in advance before the commencement of the employee's annual leave, his/her ordinary pay for the leave period provided the period of leave exceeds two weeks leave in aggregate.
20.7 Where any public holiday, for which the employee is entitled to payment under this agreement, or under his/her contract of employment, occurs during any period of annual leave taken by the employee under this clause, the period of leave shall be increased by one day in lieu of each public holiday so occurring.
20.8 Where the employment of an employee who has become entitled to the annual leave provided by this agreement is terminated and the employee has not taken any part of that leave, the Hospital shall be deemed to have given the leave to the employee from the date of the termination of his/her employment and shall forthwith pay to the employee, in addition to all other amounts due to him/her, his/her ordinary pay for the period of that annual leave.
20.9 Where the employment of an employee who has become entitled to the annual leave provided by this agreement is terminated, and the employee has taken part of that leave, The Hospital shall be deemed to have given the remaining part of that leave to the employee from the date of the termination of his/her employment and shall forthwith pay to the employee, in addition to all other amounts due to him/her, his/her ordinary pay for the period of that remaining part.
20.10 Nothing in sub-clauses 20.8 or 20.9 affects the obligation of the Hospital to give, or an employee to take, annual leave in accordance with this agreement.
20.11 An employee whose employment is terminated with less than 12 months' service in any qualifying 12 monthly period shall be granted pro rata annual leave or payment in lieu.
20.12 Annual leave shall be given at a time determined by mutual agreement between The Hospital and the Australian Fair Pay employee within a period not exceeding 12 months from the date when the right to annual leave accrued; provided that annual leave may be deferred by mutual agreement in writing between the Hospital and Conditions Standard (AFPCS)the employee.
20.13 On and from 1st January 1999, an employee whose annual leave accrual exceeds 8 weeks, and deferment of the leave has not been approved in writing by the Hospital, the employee may be directed to be on leave until such time as the employee's accrual reduces to not more than the Annual Leave Entitlement at 24 months of Service. This clause should be read in conjunction with For the AFPCS. If any part purpose of this clause is found to be inconsistent with the AFPCSclause, the AFPCS shall take precedence to above accrual is the extent sum of the inconsistency. The Employer shall provide Employees with a copy of employee's entitlement plus the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata leave entitlement.
20.14 In addition to the leave herein before prescribed, weekend workers shall be entitled to additional leave on full pay as follows:
20.14.1 For the purposes of this Agreement "Weekend Worker" shall mean any employee who in any one year of employment works a portion of his/her ordinary hours on a weekend.
20.14.2 A Weekend Worker who works on ten or more weekends for part-time statusfour hours or more during the yearly period in respect of which his/her leave accrues shall be allowed one week's leave additional to the leave herein before prescribed.
20.15 No employee shall be recalled from Annual Leave unless by mutual agreement. Remuneration The Hospital shall reimburse the employee for any expenses, which are incurred by him/her as a result of such return to duty. Unsatisfied leave due to recall, shall be fulfilled as soon as possible thereafter, by agreement between the employee and the Hospital.
20.16 An amount of 17.5% loading on 4 weeks ordinary pay or in the case of a shift worker, a payment in accordance with the following formula (penalties paid during period of annual leave accrual divided by the hours of work during period of accrual multiplied by 52) shall be paid at on the normal weekly rate plus the addition of a loading. This loading shall be 17.5% anniversary date of the normal weekly rate or employee. Any leave loading accrued prior to the normal shift loading that would certification of this agreement will be applicablepaid on the next anniversary date of employee, which ever is greaterfollows the certification of this agreement. Annual leave is A shift worker on annualised rates according to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s clause 5 will not be entitled to a payment the provisions of clause 20.16 unless he/she can show that they have been disadvantaged in lieu of any unused accrued entitlement respect to the annual leave. Annual leave loading shall not be payable for the payment by virtue of their annualisation.
20.17 Where an employee becomes sick whilst on annual leave upon termination for a period of employment. not less than five days on which he or she would otherwise have worked, and immediately forwards to the Hospital a certificate of a legally qualified medical practitioner, then the number of days not less than five specified in the certificate shall be deducted from any sick leave entitlement standing to the employee's credit, and shall be re-credited to his or her annual leave entitlement.
20.18 An Employee may elect to forego an entitlement to take an amount of annual 17.5% loading on 4 weeks ordinary pay shall be paid on the anniversary date of the employee. Any leave credited loading accrued prior to the Employee by way certification of a written request to this agreement will be paid on the Employer. Where such a request is made and approved by next anniversary date of employee following the Employer, the Employee will receive a payment in lieu certification of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusthis Agreement.
Appears in 2 contracts
Sources: Royal Children’s Hospital and Biomedical Engineers Agreement, Enterprise Agreement
Annual Leave. Employees, other than casuals, (a) Full-Time Associates shall be entitled to annual leave of absence on full pay in accordance with the Australian Fair Pay and Conditions Standard Act for a period equal to 152 hours for every year of service, exclusive of Public Holidays.
(AFPCS). This clause should b) Full-Time Associates in Broken Hill shall be read entitled to Leave of absence on full pay in conjunction accordance with the AFPCSAct for a period equal to 190 hours for every year of service, exclusive of Public Holidays.
(c) Part-Time Associates shall be entitled to Annual Leave on a pro-rata basis. If any part Where the number of this clause is found hours worked vary throughout the course of the year, entitlements to Annual Leave shall be inconsistent calculated upon the average number of rostered hours worked during the year of accrual excluding additional hours worked with the AFPCS, payment of 115%.
(d) Annual Leave shall be taken at a time mutually agreed upon by BIG W and the AFPCS shall take precedence to the extent of the inconsistencyAssociate and can be taken in either a continuous period or in separate periods. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of Where an Associate has an accrued annual leave per annum for full-time and entitlement in excess of eight weeks, BIG W may direct the Associate to take such excess accrued leave.
(e) An Associate who as an accrued annual leave entitlement in excess of 8 weeks, may make an application to ‘cash out’ a period of paid Annual Leave (pro-rata for partPart-Time Associates). BIG W may approve such application, at its discretion, subject to the following:
(a) The employee must retain a paid Annual Leave entitlement of no less than 8 weeks;
(b) Each ‘cashing out’ of Annual Leave must be by a separate agreement, in writing, between the Company and the employee; and
(c) The employee must be paid the amount that would have been payable had the employee taken that period of leave.
(f) Should an Associate not complete twelve months’ service the Associate shall on termination of employment be paid all their accrued Annual Leave.
(g) Before an Associate proceeds on Annual Leave the Associate may elect to be paid any monies then due in respect of Annual Leave being taken, otherwise the Associate will be paid on a weekly basis during their period of Annual Leave.
(h) During a period of Annual Leave an Associate shall receive an Annual Leave Loading of 17.5% calculated on the appropriate rate of wage prescribed by this agreement.
(i) Annual leave loading as prescribed in 6.3(h) will be paid in respect of untaken leave on termination or resignation of employment.
(j) If the amount to which an Associate would have been entitled, by way of loadings etc, for the ordinary time statusnormally worked is less than the Annual Leave Loading, then the higher amount shall be paid to the Associate.
(k) An Associate who becomes eligible for Personal Leave during a period of Annual Leave, under the Agreement, shall have Annual Leave re- credited for the period of Personal Leave upon the Associate producing a certificate from a registered health practitioner confirming the nature of the leave. Remuneration The notice must be given as soon as practicable and must identify the period, or expected period, of the leave.
(i) BIG W is entitled to deduct the value of Annual Leave loading paid for any period of annual leave Leave which is re-credited, in accordance with this clause, from the Associate’s weekly earnings.
(ii) The period of illness shall be taken as Personal Leave and paid at as ordinary time.
(l) Permanent Associates are entitled to transfer some of their accrued Annual Leave to Personal Leave in accordance with the normal weekly rate plus following conditions:
(i) Not more than 5 days Annual Leave can be transferred in an Anniversary Year.
(ii) Annual Leave will only be transferred to Personal Leave after the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times Personal Leave has been approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.BIG W.
Appears in 1 contract
Sources: Certified Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s a) Full time employees are entitled to four weeks of (152 hours) paid annual leave per annum for full-each completed year of service at their ordinary rate of pay, exclusive of penalty rates for shift or weekend work.
(b) Part time and employees will accrue paid annual leave on a pro-rata basis, calculated on the amount of ordinary hours worked.
(c) The pay rate for part-time status. Remuneration for any period of annual leave shall is calculated on the ordinary time earnings of the employee at the time the leave is taken, plus 17.5 per cent of that rate for annual leave loading.
(d) Pay for annual leave will continue to be paid at on normal paydays unless the normal weekly rate plus employee requests upfront payment on the addition of a loading. This loading shall leave application form when applying for leave.
(e) Annual leave must be 17.5% of taken in accordance with the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. leave provisions outlined in RFNSW’s Leave Policy.
(f) Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Yearcumulative. Unused annual leave accumulates from year to year, but should be taken within 12 months of the Employer entitlement accruing. If the leave is not taken within 12 months RFNSW may require direct an Employee, employee to take leave with one month’s notice.
(g) Certain periods of leave may be required to be taken during a closedown, such as the Christmas/New Year period, where, due to operational requirements, such an event is necessary. Employees will be notified at least one (1) month in advance of such a closedown. Where an employee has not accrued sufficient annual leave when prior to a closedown, the employee and RFNSW will mutually agree on alternatives provisions for the period of closedown.
(h) If an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employee leaves employment with the EmployerRFNSW, Employee’s or is dismissed for any reason, they will be entitled to receive on termination a payment in lieu of any unused accrued annual leave entitlement and annual leave loading.
(i) RFNSW prefers employees to use their accrued annual leaveleave when it becomes due. Annual However by written agreement between RFNSW and the employee, the employee may elect to be paid out, and RFNSW may agree at its complete discretion to pay out, annual leave loading shall not be payable for the payment up to two (2) weeks per year. Payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited will be equal to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu ordinary time earnings of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay employee at the time the election payout request is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusformalised.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, In accordance with the Holidays Amendment Act 2004 all employees shall be entitled to four weeks’ annual leave in accordance with the Australian Fair Pay holidays. The third and Conditions Standard (AFPCS). This clause should fourth week’s holiday, may be read taken in conjunction with or separately from the AFPCSfirst two weeks as may be mutually arranged between the Employer and the employee. If any part Employees entitled to holidays shall receive payment for them prior to commencing the holiday, provided written notice has been given by the employee to the Employer of this clause is found to requirement. Annual leave shall be inconsistent with the AFPCStaken within 12 months of it falling due. Where any leave remains untaken 12 months from date of entitlement, the AFPCS shall Employer reserves the right to direct the employee to take precedence to the extent leave. Notwithstanding the above, annual leave entitlements may be accrued beyond the 12 months by agreement. Any unpaid leave requested by employees will be granted at the sole discretion of the inconsistencyManager. The Employer shall provide Employees with a copy will make reasonable efforts to respond to all leave requests within 7 calendar days of the AFPCS upon requestreceipt of the leave application. Employee’s are SICK LEAVE At commencement of service with the Employer an employee shall be entitled to four weeks five days sick leave. The employee shall be entitled to five days sick leave for each six months thereafter. Unused sick leave may be accumulated up to a maximum of annual 50 days in total. Unused sick leave per annum for fullwill not be paid out on termination of employment. The Employer may, at its discretion, allow additional sick leave. Sick leave payment is calculated at the relevant hourly/daily rate of pay. Sick leave is available where the employee is unable to attend work in the following instances: When the employee is sick; or The spouse/partner of the employee is sick; or A dependent child or dependent parent of the employee or of the spouse of the employee is sick; or The employee is absent due to a non-time work related injury. Other situations not covered by (a), (b), (c), (d), above, will be considered in the light of the individual circumstances and propaid sick leave may be granted, on a case-rata for partby-time statuscase basis, at the discretion of the Employer. Remuneration for any period of annual Where an employee is sick on a public holiday, which would otherwise be a working day, that day’s sick leave shall not be paid deducted from the sick leave entitlement. The granting of sick leave is conditional upon: The employee ensuring that, wherever possible and with the exception of emergencies, all absences are notified to the Employer at least four hours prior to the normal weekly rate plus the addition of a loading. This loading shall be 17.5% commencement of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Managershift. The Employer may require annual the provision of a medical certificate, but will only do so in accordance with the provisions of the Holidays Act 2003 and subsequent amendments. In the event that the Employee has no entitlement left, they may be granted additional sick leave. In considering the granting of leave to be taken when under this clause, the Employer shuts down shall recognise that discretionary sick leave is provided to ensure the business, or any part provision of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited reasonable support to the Employee by way having to be absent from work where their entitlement has been exhausted. Requests should be considered at the closest possible level of a written request delegation to the Employer. Where such a request is made Employee and approved by in the Employerquickest time possible, taking into account the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.following:
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, (a) Employee’s entitlement to leave
(i) Employees shall be entitled to four (4) weeks annual leave in accordance with the Australian Fair Pay and Conditions Standard respect of each 12 months service.
(AFPCS). This clause should be read in conjunction with the AFPCS. If any part ii) Such annual leave accrues progressively during a year of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence service according to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks ordinary hours of annual leave per annum for full-time work and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year.
(iii) From 1 July 2023, but the Employer may require an Employee, to take employees will commence accruing annual leave when an at the rate of five (5) weeks per year of service.
(b) Employee taken to not be on paid annual leave credit is greater than what at certain times
(i) If the period during which an Employee would ordinarily accrue over two years. In this situation takes paid annual leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid annual leave on that public holiday.
(ii) Where other periods of leave occurs (other than unpaid parental leave), or a period of absence from employment for community service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence.
(c) Effect of termination on annual leave An Employee who leaves or is dismissed shall receive payment for any annual leave accrued but not taken and shall include annual leave loading.
(d) Time of taking leave
(i) Paid annual leave may be taken for a period agreed between an Employee and Employer.
(ii) The Employer may direct the will not unreasonably refuse to agree to a request by an Employee to take up to one quarter paid annual leave.
(e) Payment for period of the accumulated annual leave credit. Upon the termination Employees shall receive their ordinary pay during all periods of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual Employees may request that before going on leave, such leave loading shall not be payable paid in advance, otherwise the leave will be paid in the normal pay fortnights for the payment period of such leave.
(f) Additional week of annual leave
(i) An Employee who:
(1) works or is on-call on ten or more weekends during the yearly period in respect of which their annual leave accrues; and / or
(2) is regularly rostered to work Sundays and public holidays; is entitled to an extra week of annual leave upon termination of employment. An Employee may elect in addition to forego an entitlement to take an amount of the annual leave credited prescribed in clause 26(a). Such an Employee is a ‘shiftworker’ for the purposes of the NES.
(ii) Subclause 26(f)(i)(1) shall not apply to any weekend on which the Employee by way of a written request to the Employer. Where such a request works or is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks on call for full-time status and pro-rata for part-time statusfour (4) hours or less.
Appears in 1 contract
Annual Leave. Employees, other than casuals, (a) Full-time and part-time employees shall be entitled to four (4) weeks paid annual leave in accordance for each year of service with the Australian Fair Pay and Conditions Standard (AFPCS)Employer. This clause should be read in conjunction with the AFPCS. If any part ` An employee’s entitlement to paid annual leave accrues progressively during a year of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence service according to the extent employee’s ordinary hours of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time work, and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year. Provided that where an employee takes a period of paid annual leave, but the Employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
(b) Provided that radiographers working a seven day roster (shift work) shall be entitled to five weeks' annual leave. This is inclusive of the additional week of annual leave in sub-clause (c)(i) below.
(c) Employees, other than casual workers, who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional annual leave on the following basis:
(i) 1 week for 35 ordinary shifts on Sundays and/or public holidays;
(ii) if they have worked less than 35 ordinary shifts on Sundays and/or public holidays, the following shall apply: Full time employees Permanent Part-time employees 3 shifts or less nil nil 4-10 shifts 1 day 0.2 weeks 11-17 shifts 2 days 0.4 weeks 18-24 shifts 3 days 0.6 weeks 25-32 shifts 4 days 0.8 weeks 33 or more 5 days 1 week For the avoidance of doubt, for the purposes of the additional week of annual leave for a shiftworker under the NES, the definition of ‘shiftworker’ is at sub-clause (c)(i).
(d) Annual leave may be taken for a period agreed between an employee and the Employer. The Employer will not unreasonably refuse to agree to a request by the employee to take paid annual leave. s
(e) Where the employment of an employee is terminated, the employee shall be entitled to receive any accrued and unused annual leave and applicable leave loading.
(f) Credit of time towards an allocated day off duty shall not accrue when an employee is on ordinary annual leave, in accordance with subclause (i) of this clause.
(g) Payment in lieu of an amount of annual leave
(i) Upon receipt of a written request by an Employee, the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct authorise the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment receive pay in lieu of any unused an amount of annual leave.
(ii) Paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination of employment. An being less than 4 weeks.
(iii) Where an Employee may elect to forego forgoes an entitlement to take an amount of annual leave credited leave, the employee must be paid at least the full amount that would have been payable to the Employee by way of a written request employee had the employee taken the leave that the employee has forgone.
(iv) Superannuation guarantee contributions will be paid in relation to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave and annual leave loading for which payment is received in lieu.
(h) Where an employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for shiftworkers (as defined for the purposes of the NES in this Agreement) such employee has an excessive leave accrual (Excess Leave). In the circumstances of Excess Leave, the Employer may direct the employee to take a period of annual leave (Direction) by giving not less than 8 weeks to the employee, and subject to the following:
(i) before a Direction can be made, the Employee will first be given a reasonable opportunity to submit a plan to reduce their total annual leave accrued balance to not more than six weeks within a period of six months (leave reduction plan);
(ii) the Employer will not unreasonably refuse to agree to an Employee’s leave reduction plan which may include saving leave for an extended vacation within 12 months of the date of agreement to the leave reduction plan. The agreement is to be in writing and signed by both the Employer and Employee;
(iii) the Employee cannot be directed to take annual leave where such direction would result in the Employee being directed to reduce the accrued leave to less than six weeks and the Direction must relate to a leave period of at least 1 week.
(i) Shutdown during periods of low occupancy
(i) The Employer may temporarily close part or the whole of the hospital not more than once every twelve months for a rate period not exceeding two weeks.
(ii) Where practicable, the Employer will give at least two (2) months, but in any event no less than six weeks, notice of the Employee’s agreed rate dates of pay at the time closedown; all prospective employees will be advised of any closedown in the election is madeletter offering them employment.
(iii) An employee with an entitlement to annual leave and / or accumulated Accrued Days Off (ADOs) sufficient to cover the closedown period will be required to access their accumulated annual leave and / or ADOs for the period of the closedown. The maximum amount employee may choose the combination of annual leave and accrued ADOs that she or he will use to cover the closed own period.
(iv) Where an Employee can forego during each 12 month employee has an entitlement to annual leave which is less than the period of employment is 2 weeks the closedown, she or he will have to choose one of the following four options to cover the difference between their current annual leave entitlement and the length of the closedown:
(1) temporary reassignment to another part of the Hospital or another site (in such cases any additional travel would be reimbursed); or
(2) access any accrued ADOs; or
(3) take annual leave in advance; or
(4) take leave without pay. By mutual agreement between the Employer and employee, more than one of the options available under this sub-clause (d) may be used to cover the difference between an employee's current annual leave entitlement and the length of the closedown.
(v) Employees will continue to be able to access annual leave throughout the year. They will not be required to store their annual leave for full-time status and pro-rata for part-time statususe during a closedown.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. EmployeesAll employees, other than casualscasual employees, shall after the completion of twelve months’ continuous service, be entitled to the equivalent of four weeks annual leave (five weeks for continuous shift work employees). This leave shall be exclusive of public holidays which occur during the period and will be paid at normal ordinary time rates. Part-time employees shall be entitled to the annual leave prescribed, provided that the payment shall be made at the rate paid to the employee for a similar period of time worked. Employees will apply for annual leave in accordance with writing and will be advised of approval. Wherever possible, this return notice shall be given at least one month before the Australian Fair Pay and Conditions Standard (AFPCS)commencement of such leave. This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSBy mutual agreement, the AFPCS shall take precedence leave may be taken in any combination. Employees may elect in writing for payment in advance of the commencement of leave. Where an employee is in receipt of higher duties allowance, for a period of two weeks for outdoor workers and a period of three months for indoor workers, immediately prior to the extent commencement of leave, the inconsistencyemployee will be paid the higher amount for the period of leave only if the officer will be returning to that higher-paid position on the completion of such leave. The Employer shall provide Employees with On application, where an outdoor employee has received a copy higher duties allowance during the qualifying period of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave, payment for leave per annum for full-time and taken will include on a pro-rata for part-time statusbasis the higher duties paid. Remuneration for any Periods of less than a week will not be counted, unless they total at least 20 full days in a full year. To be paid in November of each year with leave loading. An employee who, during a period of annual leave shall be paid at leave, suffers illness or injury shall, subject to meeting the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicablecriteria specified in Clause 5.2.6, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during have the period between Christmas of illness or injury treated as personal leave and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled credited to a payment in lieu their leave accruals account that appropriate amount of any unused accrued entitlement to annual leave. Annual leave loading shall not will be payable for credited upon the payment completion of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month four week period of employment is 2 weeks for full-time status service. Upon termination, an employee will be paid leave owing and that accrued on a pro-rata for part-time statusbasis to the date of termination. Employees may accrue up to 8 weeks leave entitlement. Annual leave will not accrue during periods of unpaid leave.
Appears in 1 contract
Sources: Union Collective Agreement
Annual Leave. Employees, other than casuals, shall 7.1.1 Full-time Employees will be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of paid annual leave per annum for annum, which will accrue gradually as time is worked.
7.1.2 Part-time Employees shall accrue annual leave on a pro rata basis of 1/38th of the full-time and pro-rata entitlement for each hour worked. Note: If a part-time status. Remuneration for any period Employee works 19 hrs per week, the pro rata entitlement is two weeks of paid annual leave per annum.
7.1.3 Annual leave shall be paid at the normal weekly ordinary hourly rate plus of pay applicable under this Agreement, at the addition time that an Employee takes annual leave and excludes overtime, weekend penalty rates, special rates, travel and fares and expense reimbursements.
7.1.4 Where an Employee takes a period of a loading. This annual leave, the Employee will be paid annual leave loading shall be of 17.5% %.
7.1.5 The annual leave loading prescribed will also apply to proportionate leave on termination but will not apply where an Employee is instantly dismissed by the Company for reasons of the normal weekly rate malingering, inefficiency, neglect of duty, misconduct or the normal shift loading that would be applicable, which ever is greater. refusing duty.
7.1.6 Annual leave is to shall be taken at times a time which is approved by an Employee’s Manager. The Employer may require annual leave the Company as being convenient having regard to be taken when the Employer shuts down the business, or any part overall operational and ▇▇▇▇▇▇▇ requirements of the business in which an employee worksCompany. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year Employees shall be required to year, but the Employer may require an Employee, provide at least four weeks’ notice of a request to take annual leave when an leave; however final approval shall lie with the Company.
7.1.7 An Employee may take annual leave credit is greater than what in advance of completing 12 months service provided the amount taken does not exceed the Employee’s pro rata accrued annual leave entitlement. On termination, any amount taken in advance which has not accrued as at the Employee’s last day of work may be withheld from any wages owing.
7.1.8 On termination of employment, the value of any accrued but untaken annual leave shall be paid out to an Employee.
7.1.9 Where an Employee would ordinarily accrue over two years. In this situation has more than eight weeks annual leave entitlement accrued, the Employer Company may direct the Employee to take up annual leave. Any direction provided under this clause:
(i) shall not result in the Employee having less than 6 weeks annual leave when taking into account any other annual leave arrangements;
(ii) must not require the Employee to take any period of paid annual leave of less than one quarter week;
(iii) must be given at least 8 weeks (and not more than 12 months) prior to the taking of the accumulated annual leave; and
(iv) must not be inconsistent with any leave arrangement agreed by the Company and Employee.
7.1.10 The Company may direct an Employee to take any accrued annual leave credit. Upon during the termination Company’s annual close-down, e.g., the Christmas/New Year period subject to the Company providing two months’ written notice of the close down, or any shorter period agreed between the Company and the majority of affected Employees.
7.1.11 Annual leave may be cashed out by agreement between the Company and Employee, subject to the following conditions: the agreement must be in writing and signed by the Company and Employee (if the Employee is less than 18 years of age, the agreement must be signed by a parent or guardian); the date for which payment is to be made must be specified in the agreement; the payment must not be less than the amount that would have been payable had the Employee taken the leave at the time payment is made; an agreement must not result in the Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused remaining accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no being less than 4 weeks; the Employee’s agreed rate of pay at the time the election is made. The maximum amount of accrued paid annual leave an Employee can forego during each 12 month that may be cashed out in any period of employment 12 months is 2 weeks for full-time status weeks; and pro-rata for part-time status the Company must keep a copy of any agreement.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees16.1 An Employee, other than casualsa casual Employee, shall be entitled to accrue an amount of paid annual leave, in accordance with the FW Act.
16.2 For each year of service, the NES entitles Employees to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the Employee is required to perform Continuous Shift Work on a regular basis and the Employee regularly works Sundays and Public Holidays as part of a Continuous Shift Work roster.
16.3 Annual leave accrues on ordinary hours per week. A part-time employee shall accrue an entitlement to annual leave on a pro-rata basis, based on their ordinary hours of work.
16.4 When taking annual leave an Employee will be paid in accordance with the NES for their Ordinary Hours of Work at their Hourly Rate of Pay for the period of leave taken.
16.5 In addition to the payment prescribed in clause 16.4, an Employee taking leave will receive a 17.5% loading calculated on their Hourly Rate of Pay. This loading is paid in lieu of any shift allowance prescribed in this Agreement.
16.6 If a Public Holiday is observed on an ordinary working day during the period of annual leave, that day will not be counted as annual leave.
16.7 Any authorisation given by the Company enabling an Employee to take annual leave during a particular period is subject to the operational requirements of the workplace. Notwithstanding the Company must not unreasonably refuse to agree to a request by an Employee to take paid annual leave.
16.8 Annual leave accrues progressively with any amount of unused annual leave being cumulative. All untaken accrued annual leave shall be paid out at the time of termination of employment.
16.9 The Company may direct an Employee to take annual leave for the purpose of a Christmas/ New Year shutdown or where the Company has made the decision to close down all or part of its operations. The Company shall give an Employee at least 2 months' notice of its intention to direct an Employee to take annual leave in accordance with this clause.
16.10 Excessive leave accruals by an Employee will be dealt with pursuant to the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part provisions of this clause is found to be inconsistent with 16.10
(a) An Employee has excessive leave accrual if the AFPCSEmployee has accrued more than 8 weeks' paid annual leave (or 10 weeks' paid annual leave for a shiftworker).
(b) If an Employee has an excessive leave accrual, the AFPCS shall take precedence Company and the Employee may confer to genuinely reach an agreement on how to reduce or eliminate the extent of excessive leave accrual.
(c) If the inconsistency. The Employer shall provide Employees Company has genuinely tried to reach agreement with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In under this situation clause but agreement is not reached (including because the Employer Employee refuses to confer), the Company may direct the Employee in writing to take up to one quarter or more periods of paid annual leave.
(d) However, a direction under clause 16.10(c):
(i) is of no effect if it would result at any time in the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused 's accrued entitlement to paid annual leave. Annual leave loading shall being less than 6 weeks when any other paid annual leave arrangements are taken into account;
(ii) must not require the Employee to take any period of paid annual leave less than one week;
(iii) must not require the Employee to take a period of paid annual leave beginning less than
(iv) must not be payable for inconsistent with any leave arrangement agreed by the Company and the Employee.
(e) If the Company issues a direction under clause 16.10(c) above the Employee must take the paid annual leave pursuant to the direction.
(f) An Employee to whom a direction has been given under clause 16.10(c) may request to take a period of paid annual leave as if the direction had not been given.
16.11 Paid annual leave must not be cashed out except in accordance with an agreement under these subclauses 16.11 to 16.20
16.12 Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement in accordance with clauses 16.11 to 16.20
16.13 The Company and an Employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the Employee.
16.14 An agreement under this clause must state:
(a) the amount of leave to be cashed out and the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited be made to the Employee by way of a written request for it; and
(b) the date on which the payment is to the Employer. Where such a request is made and approved be made.
16.15 An agreement under this clause must be signed by the EmployerCompany and the Employee and, if the Employee is under 18 years of age, the Employee will receive a Employee's parent or guardian.
16.16 The payment in lieu of the amount of annual leave at a rate no must not be less than the Employee’s agreed rate of pay amount that would have been payable had the Employee taken the leave at the time the election payment is made. .
16.17 An agreement under this clause will not result in the Employee's remaining accrued entitlement to paid annual leave being less than 4 weeks.
16.18 The maximum amount of accrued paid annual leave an Employee can forego during each 12 month that may be cashed out under this clause in any period of employment 12 months is 2 weeks for full-time status and pro-rata for part-time statusweeks.
16.19 The Company shall keep a copy of an agreement made under clauses 16.11 to 16.20 as an employee record.
16.20 This clause 16 does not apply to a Casual Employee.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 4.2.1. The following provision shall apply for annual leave:
(a) Employees, other than casuals, shall be entitled to 4 weeks annual leave, taken and paid in accordance with the ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and subject to the other provisions of this clause, except that on completion of five years recognised service the employee shall then be entitled to 5 weeks annual leave per annum.
(b) Casual employees shall be paid 8% of gross taxable earnings in lieu of annual leave to be added to the salary paid for each engagement.
(c) Conditions
(i) The term ‘leave year’ means the year ending with the anniversary date of the employee’s appointment.
(ii) For the purpose of this clause, the service of an employee shall be deemed to comprise all periods of employment with this Employer and its predecessors.
(iii) The Employer may permit an employee to take annual leave in one or more periods.
(iv) The Employer may permit all or part of the annual leave accruing in respect of a leave year to be postponed to the next following year, but the annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years.
(v) Provided that, where an employee is on continuous leave without pay due to illness or accident the employee will be permitted to take or accumulate leave for up to two years. After this, an employee will not qualify for any further period of leave until duty is resumed.
(vi) When an employee ceases duty, salary shall be paid for accrued leave (including any TOIL) on the last day of service.
(vii) The provisions of the Parental Leave and Employment Protection Act 1987 shall apply in relation to annual leave when an employee takes a period of parental leave or returns to work from parental leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part Clause 4.5 of this clause Agreement
(viii) Except where the Employer approves, where an employee is found to be inconsistent absent on special leave, whether with the AFPCSor without pay (i.e. including leave for study awards but excluding sick, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum accident or military leave) for full-time and pro-rata for part-time status. Remuneration for any an intermittent or continuous period of more than 35 days (including Saturdays and Sundays) during a leave year, annual leave shall be paid reduced in accordance with the scale below. (d) Extra Leave for Shift Workers on Rotating Rostered Shifts. ‘Rotating Rostered Shifts’ - This refers to employees who are available as required to work through the roster as it applies to the department or work area. Employees who qualify as shift workers under this definition may be granted up to one week (five working days) additional leave on completion of 12 months employment on shift work in accordance with the following:
(i) If the shift work performed:
(1) Is rostered and rotating;
(2) Extends over at the normal weekly rate plus the addition of a loading. This loading shall be 17.5least 15 continuous hours each day; and
(3) Not less than 40% of the normal weekly rate or hours worked in the normal shift loading that would be applicable, which ever period covered by the roster cycle is greater. Annual outside the hours of 7.00 am to 7.00 pm; the following additional leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an granted:
(ii) Every part-time employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leaveleave as prescribed. Annual Salary during leave loading shall not will be payable paid for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusemployee's usual working week.
Appears in 1 contract
Sources: Collective Employment Agreement
Annual Leave. Employees, other than casuals, Section 1. Each permanent full-time employee shall earn annual leave credits from the first day of employment. Annual leave credits earned shall be credited at the end of each pay period. However, employees are not entitled to any annual leave with pay until they have been continuously employed for a period of six calendar months.
Section 2. Seasonal employees shall earn annual leave credits. However, such employees must be employed six qualifying months before they may use the annual leave credits. In order to qualify, such employees must immediately report back to work when operations resume in order to avoid a break-in-service.
Section 3. Permanent part-time employees are entitled to prorated annual leave benefits if they have worked the qualifying period.
Section 4. An employee may not accrue annual leave credits while in a leave-without-pay status.
Section 5. Temporary employees do not earn annual leave credits, except that a temporary employee who is subsequently hired into a permanent position within the same jurisdiction without a break of service. Such employees working continuously longer than six months are entitled to earned leave credits for the term of temporary employment.
Section 6. Annual leave credits are earned at a yearly rate calculated in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)Years of Employment Working Days Credit
Section 7. This clause should Absence from employment by reason of illness shall not be read in conjunction with chargeable against unused annual leave credits unless approved by the AFPCSemployee.
Section 8. If any part Annual leave may be accumulated to a total not to exceed two times the maximum number of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent days earned annually as of the inconsistency. The Employer shall provide Employees with a copy end of the AFPCS upon requestfirst pay period of the next calendar year. Employee’s are entitled Excess annual leave is not forfeited if taken within 90 calendar days from the last day of the calendar year in which the excess was accrued.
Section 9. It is specifically agreed that in computing service time for annual leave pay, employees shall receive credit for service in other state employment.
Section 10. Annual leave taken over a holiday may not be charged to four an employee's leave for that day.
Section 11. It is understood and agreed than an employee within the bargaining unit may choose to take at least two consecutive accrued work weeks of annual leave per annum year. It is also understood that employees may take annual leave, with prior management approval, at their individual discretion as long as the execution of this right does not cause an undue burden for full-time and pro-rata for part-time statusthe Employer's operation. Remuneration for any period Once approved, a leave request may not be revoked unless the Employer determines that the employee's presence on the job is critical to the accomplishment of the Employer's mission.
Section 12. In granting annual leave requests for periods of two weeks or longer, bargaining unit seniority shall be paid at used as the normal weekly rate plus tiebreaker in the addition of a loadingevent that more employees request the same period than can be permitted in any given work unit. This loading provision shall be 17.5% of not apply if the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is senior employee fails to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when submit an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited request prior to the Employee by way of a written request to the Employer. Where such a request is made and approved application deadline established by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. Employees, other than casuals, Employees shall be entitled to four weeks’ leave per year, the annual leave in accordance with entitlement being due one year, less the Australian Fair Pay and Conditions Standard period of leave, after the annual leave entitlement became due. Payment for leave so prescribed shall be at ordinary rates (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of including permanent shift allowance) plus 20 per cent.
(a) Annual leave under this clause shall be given and taken within a period not exceeding six months from the date upon which the right to such leave occurred; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the employer from allowing annual leave to an employee before the right thereto has accrued, but, where such leave is found taken before the right thereto has accrued, further leave shall not commence to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent accrue until after expiration of the inconsistency. The Employer shall provide Employees with a copy 12 months in respect of the AFPCS upon request. Employee’s are entitled to four weeks of which such annual leave per annum has been taken.
(b) Any employee whose employment is terminated by the employer through no fault of his own and any employee who leaves his employment, shall be paid for full-time and pro-rata for part-time status. Remuneration for any the proportionate period of annual leave to which he would have been entitled if his employment had not been so terminated.
(c) The annual leave provided for by this clause shall be given and shall be taken and payment shall not be made or accepted in lieu of annual leave.
(d) Service with an employer before the date of coming into force of this Agreement shall count as service for the purpose of the current qualifying 12-monthly period under this clause.
(e) The annual leave loading shall be paid at on proportionate leave termination.
(f) Where the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate plant or the normal shift loading that would be applicable, which ever part thereof is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts closed down the businessfor maintenance purposes, or any part of over the business in which an employee works. This Christmas period, affected employees may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, be required to take annual leave when an leave. The employer shall give as much notice of such close-downs as possible. Employees who are not entitled to a full annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation may be paid leave on a proportionate basis or be stood down for the Employer may direct the Employee to take up to one quarter duration of the accumulated annual leave creditshut down. Upon the termination of an Employee’s employment with the Employer, Employee’s will Such a stand-down shall be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable counted as service for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu all purposes of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusAgreement.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees1. The overall objective of Part 4 of this Agreement as it relates to Annual Holidays, other than casualstogether with 2.5, is to ensure that employees receive a full years’ salary for each full year of employment.
a. In addition to public holidays, employees shall be entitled to six weeks paid annual holidays in respect of each completed year of service.
b. Employees shall be entitled to one day's paid holiday to be taken between Christmas and New Year in addition to the annual leave entitlement.
c. Subject to the specific provisions of this Agreement, the provisions of the Holidays Act 2003 shall apply.
d. Employees agree to take their annual leave in accordance with advance of the Australian Fair Pay entitlement falling due, except where there is agreement between the employer and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found employee to be inconsistent with the AFPCS, the AFPCS do otherwise.
e. Employees shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum when the kindergarten is closed for full-time instruction except where there is agreement between the employer and pro-rata for part-time statusemployee to do otherwise. Remuneration for any period of Any annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave unable to be taken when the Employer shuts down kindergarten is closed for instruction shall be taken by agreement.
f. Subject to the businessabove: where agreement between the employer and employee cannot be reached, or any part of the business in which an employer may direct the employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual holidays upon not less than 14 days’ notice; the employer shall not unreasonably withhold consent to an employee’s request to take annual holidays.
g. Employees who are absent on leave when an without pay in excess of five working days in any 12 months preceding their annual leave credit is greater than what an Employee would ordinarily accrue over two yearsanniversary date shall have deducted from the following period of annual leave, one half day's pay for every four day's leave without pay. In this situation Where the Employer may direct the Employee to take up to one quarter of the accumulated employee's annual leave credithas been exhausted, one half day's pay shall be deducted from their term break leave entitlement (see 2.5) for every four day's leave without pay. Upon the termination of an Employee’s employment with the Employer, Employee’s Provided that no deductions will be entitled made for any days where employees are required to attend the kindergarten or elsewhere during a payment in lieu term break.
h. For the purposes of any unused accrued calculating the entitlement to annual leave, professional time (which includes term breaks) or the entitlement to be paid when the kindergarten is closed for instruction pursuant to 2.5 of this Agreement:
i. in the case of a resignation, the termination date of the employee shall be the date that the employee nominates as being the last date that the employee will be available to attend the kindergarten or elsewhere to carry out duties and responsibilities connected with that employee's employment
ii. Annual leave loading in the case of termination by the employer, the termination date of the employee shall not be payable the date specified by the employer in the notice of termination in accordance with 2.12.
i. Where an employee ceases employment before taking any annual leave, the employer shall pay to such employee a sum equivalent to 12 percent of their gross earnings for the payment period when no annual leave was taken.
j. Where an employee's employment terminates on the last working day before a public holiday, the employee shall be entitled to be paid for the public holiday concerned.
k. Where an employee ceases employment before taking the proportion of their full entitlement of annual leave for the period that they were employed, the employer shall pay to such employees upon termination termination, the balance of employment. An Employee may elect to forego an entitlement to take an amount the proportion of annual leave credited to outstanding at the Employee by way date of a written request to the Employer. termination.
l. Where such a request is made an employee ceases employment and approved by the Employerhas received an annual leave payment in excess of their entitlement, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks employer shall not pursue any recovery action for full-time status and pro-rata for part-time statusthat sum.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, A. Employees shall be entitled to annual accrue leave in accordance with the Australian Fair Pay statute and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent regulations of the inconsistency. The Employer shall provide Employees with a copy Office of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greaterPersonnel Management. Annual leave is provided and used to allow employees an annual vacation period of extended leave for rest and recreation and to provide periods of time off for personal and emergency purposes. The use of accrued annual leave is the right of the employee, subject to the right of the Employer to approve the time at which leave may be taken at times taken. Employees should apply in advance for approval of all anticipated leave to permit the orderly scheduling of leave and to avoid leave forfeitures which might otherwise result. When "use or lose" leave is requested in writing before November 15th of each year and cannot be approved or used prior to the end of the leave year the excess annual leave will be restored in accordance with applicable rules and regulations and must be used within the next two leave years. Additionally, employees with excess annual leave may elect to donate such leave pursuant to the Voluntary Leave Transfer Program MOU dated 02/08/96.
B. Normally, leave requested in advance will be granted except when conflicts of scheduling or undue interference with the work of the Administration would preclude it. Leave may also be granted when it is not scheduled in advance and workload considerations permit. Leave for personal emergencies, ordinarily infrequent in number, will normally be granted. Requests for leave based on the death of a family member or any individual related by an Employee’s Manageraffinity will be considered a personal emergency for leave approval. The Employer may require will make every reasonable effort to allow the maximum number of employees to use leave.
1. Advanced annual leave to be taken when the Employer shuts down the businessis leave time requested on an SSA-71 or equivalent, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, delegated authority and taken but not yet earned by the Employee will receive a payment in lieu employee.
2. An employee may be advanced the lesser of 80 hours or the amount of annual leave at an employee would accrue during the remainder of the leave year (i.e., maximum of 80 hours in the leave year). This provision does not apply to employees who are currently on a rate no less than leave restriction or who have been disciplined for leave related offenses in the Employeepast two years. During the months of February and August of each year, employees will be notified to submit requests for extended annual leave of one calendar week or more and/or requests for days immediately preceding and following federal holidays for the six (6) month periods April through September and October through March, respectively. Such written requests should be submitted to the appropriate leave approving official by the last day of February and August, respectively. Leave approvals/denials requested pursuant to this section will be provided within ten (10) working days after the close of the request period. When conflicts arise in scheduling annual leave (A/L) requests received during the six (6) month leave request periods above, they will be resolved using a continuously rotating procedure to address employee’s agreed rate leave preferences. The procedure will operate as follows: Each leave approving official will initially establish an Employee A/L Roster in service computation date (SCD) order (from earliest to most recent SCD). This roster will be used to resolve individual conflicts in favor of pay and at the time option of, the election employees highest on the roster. Once the roster process is madeinvoked, management will confirm with each employee involved in the conflict whether or not he/she wishes to exercise his/her option. Employees granted leave, as a result of the roster process, will have his/her name placed at the bottom of the list whether or not the leave is taken. Once established, the list will rotate continuously and will be used to resolve all conflicts for all subsequent leave scheduling periods. The maximum amount of annual Union will be provided employee SCD dates when rosters are initially established and employees will have access to the rosters (paper or electronic). When leave an Employee can forego slots remain after management has invoked the leave roster and made the final decision on extended annual/holiday leave requests, employees will have the opportunity to submit/resubmit leave slips for that same period. Once management notifies employees that extended annual/holiday leave decisions have been made and additional slots are available, employees will be notified that they have five (5) workdays to submit leave requests for any remaining slots for days before or after holidays or for a full week during each 12 the six month leave request period. Any conflicts for leave submitted during that five (5) day period of employment is 2 weeks for fullwill be approved based upon the employee with the oldest SCD having first choice. Management will resolve any further conflicts in SCD by a random draw with one local participant designated by the union. When extended annual/holiday leave requests are submitted after the February or August leave-time status and proscheduling periods, the leave requests will be considered on a first-rata for partcome, first-time statusserved basis. Conflicts arising from leave slips received by management on the same day will be resolved using SCD. Management will resolve further conflicts in SCD by a random draw.
Appears in 1 contract
Sources: National Agreement
Annual Leave. EmployeesFull-time, other than casuals, Part-time and Fixed-term Employees shall accrue paid annual leave at the rate of 0.096153 hours for each ordinary hour worked. This leave shall be entitled available to the Employee at the completion of each year of service. For information purposes only, this equates to five (5) weeks paid leave for a Full-time Employee. Due to the nature of the employment contract, Casual Employees shall not accrue or receive any annual leave in accordance with during their term of employment. Payment to an Employee on annual leave shall not be less than the Australian Fair Pay Employee’s ordinary wage rate prescribed by this agreement for the period of annual leave (excluding allowances and Conditions Standard (AFPCS). This clause should be read in conjunction with penalty payments) plus a loading of 17.5% of the AFPCSEmployees ordinary wage rate for the period of annual leave. If any part the employment of this clause an Employee is found to be inconsistent with terminated before the AFPCSexpiration of a full year of employment, the AFPCS Employee shall be paid in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s hourly rate, excluding any allowances, annual leave loading or other loading. Employees are required to use any or all of their annual leave entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with four (4) weeks notice of their intention to take precedence annual leave. The Employer will attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the extent Employer may refuse to grant the request for annual leave. Employees may be required to take annual leave during a designated closure of the inconsistency. The business, should this be required the Employer shall provide Employees with a copy of the AFPCS upon requestrelevant dates at the appropriate time. Employee’s are entitled to four weeks of Where an Employee accrues excessive annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period (as determined in Clause 1.7 of annual leave shall be paid at this agreement) the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer company may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct request the Employee to take up to one quarter ¼ of their accrued leave on the accumulated provision of two (2) weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave credit. Upon purposes will be paid to the termination Employee incrementally during the period of an Employee’s employment with leave on their regular pay day or as otherwise mutually agreed between the Employee and the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not will be payable for exclusive of any statutory holiday that occurs during the payment period of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. Employees48.1 A flight attendant will progressively accrue 42 days annual leave (inclusive of Saturdays, Sundays and Public Holidays) for each completed year of service.
48.2 Each flight attendant proceeding on annual leave will be entitled to be paid in advance for the period of absence as calculated on the base weekly rate of pay.
48.3 Annual leave must be taken on the basis of one month in every 9 months of service (or pro- rated accruals) or at longer or lesser periods as is mutually agreed.
48.4 Proportionate Annual Leave on Termination of Employment
48.4.1 After one month's continuous service in the first qualifying 12 monthly period with the Company lawfully leaves the employment of the Company or the employment is terminated by the Company through no fault of the flight attendant; or
48.4.2 After 12 months' continuous service with the Company, leaves the employment of the Company or the employment is terminated by the Company for any reason; will be paid one-twelfth of the entitlement under sub-clause 48.1 above for each completed month of service in respect of which leave has not been granted under this clause.
48.5 In determining what is a complete year of service in respect of a flight attendant's eligibility for annual leave, or what amount of pro-rata leave is due, any absence from duty, other than casualsabsence due to annual leave; long service leave; sick leave with pay; leave pursuant to Workers' Compensation legislation will not count as service.
48.6 A flight attendant who falls ill whilst on recreation leave and advises the Company as soon as practicable of such illness and produces medical evidence of the illness, shall shall, provided it is in excess of one day, be entitled allowed to take that period of absence relating to the illness as a debit against sick leave credits and have the annual leave credit adjusted accordingly, provided that sick leave documentation is submitted within 15 days of return to duty. Every consideration will be given to granting the equivalent substitute annual leave in the manner requested by the flight attendant.
48.7 A flight attendant may request and be granted annual leave or change of leave on compassionate grounds.
48.8 Leave must be taken in accordance with a leave roster promulgated by the Australian Fair Pay and Conditions Standard (AFPCS)Company. This clause should be read The Company may not after the roster or recall a flight attendant from annual leave, except by mutual agreement
48.9 Annual Leave Loading A loading of 17.5%, in conjunction with addition to the AFPCS. If any part base salaries outlined in PART G of this Agreement and, where applicable the Line Supervisor Allowance or the Training Allowance outlined in clause is found to be inconsistent with the AFPCS46, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall will be paid at the normal weekly rate plus the addition time leave is taken.
48.10 Annual Leave Bidding
48.10.1 Leave rosters will be drawn up in nine monthly cycles:
48.10.2 Vacancies for leave must be posted at least four months and not more than six months in advance of a loading. This loading shall leave period.
48.10.3 Leave details will be 17.5% promulgated so as to be available to flight attendants not less than three months before the commencement date of the normal weekly rate or next nine month period.
48.10.4 Where more requests are received than can be accommodated in a given leave month, due month and seniority in the normal shift loading that would base will be applicable, used to determine which ever is greaterrequest will be accepted. Annual leave is Customer Service Managers and Flight Attendants will be considered separately.
48.10.5 Leave slots to be taken allocated as follows;
(a) In order of seniority to flight attendants whose No. 1 choice is "due month", until all such bids are awarded, or, vacancies as advertised are filled.
(b) In order of seniority to all other flight attendants (i.e. flight attendants with insufficient seniority to achieve "due month” choice).
48.10.6 Exchange of leave allocations between flight attendants of the same status, equipment and base will be considered where the two applicants are rostered for leave of the same duration.
48.10.7 Other applications for change after the roster has been promulgated will only be approved in the extenuating circumstances.
48.10.8 The days in the blocking month not allocated to Annual Leave, may be requested as reserve days at times approved by an Employee’s Manager. the beginning or end of the bid period.
48.10.9 Where a flight attendant has two consecutive months Annual Leave, the flight attendant may request reserve days at the beginning or end of the total period.
48.10.10 The Employer may require leave credits for rostering and pay purposes for annual leave to be taken when the Employer shuts down the business, or any part of the business under this clause 48 are set out in which an employee works. This may occur PART H and PART I as applicable for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status28 day Bid Periods.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be 43.1 Full-time employees are entitled to four weeks’ annual leave at full pay (150 hours) per year for recreational purposes.
43.2 Part-time employees are entitled to pro rata annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should 36.3.
43.3 Annual leave accrues daily, with accrued entitlements able to be read in conjunction taken at any time, with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent approval of the inconsistencyemploying Member.
43.4 As an administrative arrangement, an employee may use annual leave at half pay on the basis that one day of annual leave at full pay is equivalent to two days of annual leave at half pay. The Employer shall provide Employees with Historical Circular
43.5 An employee may elect in writing to take payment in lieu of up to two weeks for a copy full-time employee or the pro rata equivalent for a part- time employee of annual leave per year:
(a) such an election may be made only once per calendar year;
(b) only if the AFPCS upon request. Employee’s are entitled to four employee has taken at least two weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for in the 12 months preceding the election; and
(c) only if, after the election, the employee's remaining accrued entitlement to paid annual leave will be four weeks or greater.
43.6 Where an employee’s annual leave credits total 80 days or more as at 31 January or 31 July of any year, the employing Member may direct the employee to take a period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way employee provided:
(a) the employee is given at least one month's notice of the requirement to commence annual leave; and
(b) the period of annual leave is not required to commence within one week of a written date on which the employee has previously requested to be absent from work on annual leave where that request to the Employer. Where such a request is made and approved was denied by the Employeremploying Member.
43.7 Subject to clause 43.8, all unused annual leave will be paid out when an employee’s employment under the Employee MOP(S) Act ends. An employee’s employment does not end where there is no break in MOP(S) Act employment.
43.8 An ongoing Commonwealth employee who is on leave, including an ongoing APS employee who has been granted leave without pay under paragraph 2.1 of the Prime Minister’s Public Service Directions 1999 (as varied or replaced from time to time), to undertake employment under the MOP(S) Act, will not be entitled to receive a payment in lieu of for unused annual leave when his or her employment under the amount MOP(S) Act ends, if the relevant Department/Agency recognises that unused annual leave.
43.9 If an ongoing or non-ongoing employee becomes ill during a period of annual leave, the employee may apply for personal leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount and re-crediting of annual leave.
43.10 Annual leave an Employee is not accrued by casual employees.
43.11 Further information can forego during each 12 month period be found in the relevant Guideline ‘Types of employment is 2 weeks for full-time status and pro-rata for part-time statusLeave’.
Appears in 1 contract
Annual Leave. Employees(a) Except as hereinafter provided, other than casuals, employees shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave accrued at the rate of 2.885 hours per annum week for full-a full time and pro-equivalent employee or pro rata for part-a part time status. Remuneration employee.
(b) The employee shall be paid for any period of annual leave prescribed by this clause at the ordinary rate of salary, inclusive of shift and weekend penalties where applicable.
(c) By mutual agreement, annual leave may be taken before the completion of each twelve (12) months’ continuous service. Failing agreement the Employer may, on one month’s notice, direct an employee to take annual leave credited to an employee.
(d) If the services of an employee terminate and the employee has taken a period of leave which exceeds his or her entitlement at the date of resignation, the employee shall be paid at liable to pay the normal weekly rate plus amount representing the addition difference between the amount received by him or her for the period of a loading. This loading shall be 17.5% of leave taken and the normal weekly rate or the normal shift loading that amount which would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Managerhave accrued. The Employer may require deduct this amount from monies due to the employee on termination of employment.
(e) A shift employee rostered to work ordinary hours on Sundays and/or public holidays shall be entitled to additional annual leave as follows: -
i. If 35 ordinary shifts on such days have been worked – one week.
ii. If less than 35 ordinary shifts on such days have been worked – one additional day, to a maximum of five days, for each seven ordinary shifts so worked.
(f) Annual leave may by mutual agreement be taken in portions.
(g) With the exception of shift employees, when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused proceeds on annual leave accumulates from year to yearhe or she shall be paid a loading of 17.5% of his/her ordinary salary, but the Employer may require an Employee, to take provided that shift employees shall substitute and be paid in accordance with subclause (h) of this clause.
(h) Shift employees when proceeding on annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the including accumulated annual leave credit. Upon shall be paid: i shift and weekend penalties the termination of an Employee’s employment with the Employeremployee would have received had he or she remained at work, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.or;
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall (a) Permanent employees will be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four 4 weeks of paid annual leave per annum accruing progressively on ordinary hours of work.
(b) For the purpose of the NES entitlement to an additional week of paid annual leave for full-time a ‘shiftworker’, an employee is a shiftworker if they are regularly rostered to work on Sundays and pro-rata public holidays where shifts are continuously rostered 24 hours a day for part-time status. Remuneration for any period 7 days a week.
(c) The taking of annual leave shall will be by mutual agreement. Employees are encouraged to use their leave within 12 months of its accrual.
(d) Where an employee takes a period of paid at annual leave the normal weekly rate plus employee will be entitled to the addition of a loading. This higher of:
(i) an annual leave loading shall be equivalent to 17.5% of the normal weekly paid annual leave amount or;
(ii) the employee’s minimum hourly rate or for all ordinary hours of work in the normal shift loading that would be applicableperiod, which ever is greater. inclusive of penalty rates.
(e) Annual leave is loading shall also be applied to be taken at times approved by an Employee’s Manager. The Employer may require annual leave paid to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon on the termination of an Employee’s employment with the Employer, Employee’s their employment.
(f) Annual leave payments will be entitled made in the normal pay cycle as if the permanent employee had been working.
(g) An employee may request in writing, and Luxottica may agree, to cash out a payment in lieu particular portion of any unused accrued entitlement to their annual leave. Annual leave loading shall will not be payable for cashed out if it would result in the payment employee’s remaining annual leave accruals being less than 4 weeks. Once annual leave is cashed out it will no longer be available as annual leave.
(h) Any agreement to cash out annual leave will be signed by the employee and retained by Luxottica.
(i) A gazetted public holiday will not be counted as a day of annual leave.
(j) Accrued annual leave entitlements will be paid upon termination of employment. .
(k) Luxottica may reasonably require an employee to take annual leave, by giving at least 8 weeks’ notice, and not more than 12 months notice, where:
(i) it is a part of a close-down of its operations; or
(ii) more than 8 weeks’ leave is accrued.
(l) Any paid leave that is taken by an employee that is additional to the NES, will not attract annual leave loading.
(m) An Employee employer and employee may elect agree in writing to forego the employee taking a period of paid annual leave before the employee has accrued an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees
(a) In accordance with the NES contained in the Act, other than casuals, shall Employees will be entitled to four (4) weeks (152 hours) of annual leave per completed year of service. An Employee’s entitlement to annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
(b) For the purposes of 87(1)(b) of the Act, a shift worker is a seven-day shift worker who is regularly rostered on Sundays and public holidays and will be entitled to an additional one
(1) week of annual leave.
(c) Annual leave will be paid at the Employee’s Ordinary Rate of Pay for any accrued but untaken annual leave entitlements upon termination of employment.
(d) Employees will give the Company at least 4 weeks of notice (unless a shorter time frame has been mutually agreed to) of a request for approval to take annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)Company’s annual leave guidelines. This clause should be read in conjunction with the AFPCS. If any The Company may require Employees to take their annual leave as part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistencythese guidelines. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s These guidelines are entitled to four weeks of annual leave per annum for full-time not incorporated into and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any do not form part of the business in which an employee works. This Agreement.
(e) The Company may occur for example during shutdown a part or the period between Christmas entire site and New Year. Unused annual leave accumulates from year to year, but require the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter taking of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall In the event of a shutdown, the Company will give affected Employees a minimum of four (4) weeks’ notice in writing. By agreement, the period of notice may be reduced in the event of exceptional or emergency situations, but such agreement will not be payable unreasonably withheld. In the event where an Employee does not have sufficient annual leave accrued for the payment period of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employershut down, the Employee will receive a payment in lieu of the amount of be required to take leave without pay, purchased annual leave at a rate no less than the Employee’s agreed rate of pay or where applicable long service leave. In some cases and at the time the election is made. The maximum amount of annual leave Company’s discretion, an Employee can forego during each 12 month period of employment is 2 weeks may be seconded to another department for full-time status and pro-rata for part-time statusthe shutdown period.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be (a) A worker is entitled to 4 weeks annual leave in accordance each year of service, with any unused credit being carried over to accumulate with following years’ credits. Leave will accumulate at the rate of one third of a week per month.
(b) A worker may take annual leave on a pro-rata basis after 6 weeks work.
(c) A worker planning annual leave will consult other workers through staff meetings about a period of leave that is consistent with the Australian Fair Pay needs of the worker’s position and Conditions Standard (AFPCS). This clause should be read in conjunction with of the AFPCS. If any part of this clause Centre, and that is found to be inconsistent with the AFPCS, the AFPCS shall take precedence suitable to the extent personal needs of the inconsistencyworker. The Employer shall provide Employees with worker must formally seek approval from the Centre for leave.
(d) Any public holiday during a copy worker’s annual leave will be counted and paid as such, and not as annual leave, if the worker would otherwise have been entitled to that public holiday.
(e) Annual leave should not be accumulated beyond a maximum of 8 weeks, and the Centre will consult a worker about a suitable time to take leave in advance of the AFPCS upon requestworker exceeding the maximum. EmployeeA worker will not forfeit any leave above 8 weeks, but the Centre may direct a worker to take leave so as to keep it below the maximum.
(f) Except at the end of a worker’s are entitled employment, annual leave will not be paid unless the worker takes the corresponding period of absence from work.
(g) When a worker finishes employment they will be paid all accrued annual leave plus leave loading.
(h) The rate of pay for annual leave is the ordinary rate of salary plus a leave loading bonus of 17.5% of the gross salary for the period of leave. However, where the Centre has allowed a worker to four weeks anticipate future leave credits, leave loading will not be paid on that portion of annual leave per annum until the date the leave credit would otherwise have accrued.
(i) Where a worker would have been entitled to sickness and carers leave but for full-time being on annual leave, sickness and pro-rata carers leave will be paid for part-time status. Remuneration for any the relevant period and the equivalent period of annual leave shall will be paid at the normal weekly rate plus the addition of recredited.
(j) The Centre may in appropriate circumstances allow a loading. This loading shall be 17.5% worker to anticipate future leave credits.
(k) The provisions of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s Holidays Act 1944 also apply.
(a) Workers will be entitled to paid leave for a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved day duly proclaimed by the EmployerNSW Government as being a public holiday, provided the Employee will receive worker is otherwise due to work on that day.
(b) By agreement between the Centre and a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks worker another day may be substituted for full-time status and pro-rata for part-time statusany public holiday.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, a) Full-time and part-time employees who are not paid the 20% loading in lieu of paid leave will accrue four (4) weeks annual leave per year of service. Leave taken under this Clause shall be entitled to annual leave in accordance taken consecutively or, by the agreement with the Australian Fair Pay General Manager may be taken in any reasonable combination of five days or more. Where the employee submits a special request to take single days for specific purposes this may be approved by the General Manager subject to the needs of the Association being met. No more than five single days per person shall be approved in any one calendar year unless the employee is able to demonstrate to the satisfaction of the Service Manager that extenuating circumstances exist. Annual leave taken by employees who receive the 20% loading in lieu of paid leave for annual and Conditions Standard (AFPCS). This clause should personal leave will be read in conjunction with unpaid.
b) Annual leave shall accrue at the AFPCS. If any part rate of this clause is found 0.077 hours ordinary pay for each ordinary hour worked.
c) Employees may choose to be inconsistent with paid prior to commencing the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks full period of annual leave per annum or where there is prior agreement for full-time and pro-rata for part-time status. Remuneration for periods exceeding one normal week.
d) Annual leave must be taken within eighteen (18) calendar months of the date of accrual.
e) If the employment of an employee is terminated, any period of unused annual leave shall be paid to the employee at the normal weekly rate plus time of termination and the addition amount to be paid shall be calculated on a pro-rata basis.
f) Employees not paid the twenty (20%) percent advance set out in Clause 8(e) shall be paid annual leave loading equal to 17.5% of a loadingsalary paid to the employee for any approved period of annual leave subject to Clause 16(a). This The annual leave loading shall be 17.5% paid as part of the normal weekly rate or salary payment in the normal shift manner chosen by the employee prior to commencing leave.
g) If, for any reason, an employee is requested to return to work by the employer while on annual leave, the employee shall receive a credit for the amount of annual leave lost due to the recall for work, and any leave loading that would already paid shall count toward any leave loading which may fall due at a later time.
h) On presentation of a medical certificate an employee should receive a credit for annual leave lost due to illness. The actual amount of annual leave re-credited shall be applicable, as agreed upon between the employer and employee concerned. Any leave loading already paid shall count toward any leave loading which ever is greater. may fall due at a later time.
i) Cashing out annual leave
(1) Annual leave is accrued and accredited monthly. If an employee accrues leave in excess of four weeks, the employee may cash out that excess up to a maximum of two weeks pay by request in writing. The employer may refuse such a request and require the employee to take the leave.
(2) Leave cannot be cashed out in advance of it being credited.
(3) Payment for cashed-out leave must be at a rate no less than the employee’s basic periodic rate of pay at the time the election is made and must be given within a reasonable period.
(4) The employer will only refuse an employee’s request to cash out leave on reasonable grounds.
(5) Nothing in this clause nor in this Agreement shall be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or in any part of the business in which way as forcing an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego forgo an entitlement to take an amount of annual leave credited or to exert undue influence or undue pressure in relation to the Employee by way making of a written request to the Employer. Where such a request is made and approved decision by the Employer, the Employee will receive a payment in lieu of the employee whether or not to forgo an entitlement to take an amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. Employees, other than casuals, 14.1 Annual leave shall be entitled to annual leave in accordance with accrue at the Australian Fair Pay rate of 152 hours per annum.
14.1.1 By agreement between the Employer and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSan Employee, the AFPCS shall take precedence Employee may request in writing up to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks 76 hours of annual leave per annum for full-time be cashed out.
14.2 A loading of 17.5% of salary shall be paid to the Employee when taking leave.
14.2.1 By agreement between the Employer and pro-rata for part-time status. Remuneration for any period an Employee, this loading may be cashed out and included as a component of the Employee’s salary.
14.3 Payment in lieu of accrued annual leave shall be paid at the normal weekly rate plus the addition of on termination, based on a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. monthly accrual.
14.4 Annual leave is to shall be taken at times approved by an Employee’s Manager. such a time mutually convenient to the Employer and the Employee and, unless agreed, within six months from the leave accrual date.
14.5 The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between a Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. close-down.
14.6 Annual leave loading shall not is to be payable for paid out at the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request salary schedule rate that is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay relevant at the time the election leave is madetaken.
14.7 Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.
14.7.1 Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and he/she produces a certificate from a registered medical practitioner that he/she was so confined. The maximum amount Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer if he/she is unable to attend for work on the working day next following his/her annual leave.
14.7.2 Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day.
14.7.3 Where paid sick leave has been granted by the employer that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave an Employee can forego during each 12 month period or, if termination occurs before then, be paid for in accordance with the annual leave provisions.
14.7.4 Payment for replaced annual leave shall be at the rate of employment wage applicable at the time the leave is 2 weeks for full-time status and pro-rata for part-time statussubsequently taken provided that the annual leave loading prescribed shall be deemed to have been paid with respect to the replaced annual leave.
Appears in 1 contract
Sources: Collective Workplace Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by a minimum period of one half- (½) day.
i. Annual leave of absence consisting of 4 weeks at the ordinary rate of pay, exclusive of public holidays observed on working days shall be granted to an Employee’s Manageremployee, after each 12 months service and, except as provided for in sub-clause (ii) of this clause, shall be taken on its due date or as soon as is mutually convenient thereafter to council and the employee.
ii. The Employer Council may require direct an employee to take annual leave to be taken when by giving at least four weeks prior notification in the Employer shuts following circumstances:-
a) Where the employee has accumulated in excess of eight weeks annual leave.
b) A period of annual close-down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused Provided that:-
1) Where an employee has accrued more annual leave accumulates from year than the period of the annual close down, the balance of such leave shall be taken in accordance with subclause (i) of this clause.
2) In the case of employees who are not entitled to yearannual leave or do not have an entitlement sufficient to cover the period of the closedown, but council shall endeavour to provide meaningful duties as are within the Employer limits of the employee's skill, competence and training for the whole or part of the close-down.
3) In the event that meaningful duties are not available the employee may require an Employeebe directed to take leave without pay, to or by agreement with council may take annual leave when an in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such annual leave credit shall be repaid by a deduction from the employee's termination pay.
4) In the event that leave without pay is greater than what an Employee would ordinarily accrue over two years. In this situation directed to be taken, such leave shall be regarded as service for the Employer may direct the Employee to take up to one quarter purpose of the accumulated accrual of long service leave, sick leave and annual leave.
iii. Payment to an employee proceeding on annual leave credit. Upon shall be made by council at the termination employee’s ordinary rate of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable pay for the payment period of annual leave upon either before the commencement of the employee’s annual leave, or by agreement through the usual pay periods.
iv. On resignation or termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited , the council shall pay to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed employee:-
a) Their ordinary rate of pay at for all untaken leave credited for completed years of service.
b) For an incomplete year, one twelfth of their ordinary rate of pay multiplied by the time number of completed weeks of service in that year. Provided that the election is made. The maximum amount of employee shall not receive payment for more than four weeks annual leave for any period of twelve months.
v. Where an Employee can forego during each employee receives a varying rate of pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary rate of pay shall be deemed to be the average weekly rate of pay earned during the period of employment is 2 weeks for full-time status and pro-rata for part-time statusactually worked over the 12 months immediately preceding the annual leave or the right to payment under this clause.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled a) An employee(s) entitlement to annual leave under this Agreement shall, from the date of lodgement of this Agreement, be in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS as amended. Casual employees shall take precedence have no entitlement to the extent of the inconsistency. The Employer shall provide annual leave.
b) Employees with a copy of the AFPCS upon request. Employee’s are will be entitled to four weeks of paid annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual annum.
c) Annual leave shall be paid at the normal weekly basic periodic rate plus of pay applicable under this Agreement at the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading time that would be applicable, which ever is greater. an employee takes annual leave.
d) Annual leave is will accrue and be credited each month to each employee on a pro-rata basis of nominal hours worked or paid.
e) Annual leave shall be taken at times a time which is approved by an Employeethe Company as being convenient having regard to overall operational and ▇▇▇▇▇▇▇ requirements of the Company. An employee is required to provide at least one month’s Manager. The Employer notice of a request to take annual leave; however, final approval shall lie with the Company.
f) An employee may require take annual leave in advance of completing 12 months service provided it does not exceed the employee’s pro-rata accrued annual leave entitlement.
g) On termination the value of any accrued but untaken annual leave shall be paid to be taken when the Employer shuts down the business, or any part of the business in which an employee.
h) Annual leave loading is not paid under this Agreement.
i) Where an employee works. This may occur for example during the period between Christmas and New Year. Unused has more than 8 weeks annual leave accumulates from year entitlement accrued to yearthem, but the Employer Company may require an Employee, direct the employee to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two yearsby providing a minimum four weeks notice to the employee. In this situation the Employer may direct the Employee Such direction shall only apply to take up to a maximum of one quarter of the accumulated leave credits owing to the employee.
j) The Company may direct an employee to take any accrued annual leave credit. Upon during the termination of an EmployeeCompany’s employment with annual close down, eg the EmployerChristmas/ New Year period.
k) Annual leave may be cashed out by agreement between the Company and employee, Employee’s will be entitled subject to a payment the following conditions: • An employee must elect in lieu of any unused accrued entitlement writing to cash out annual leave. Annual leave loading shall ; • An employee must not be payable for the payment of cash out more than two weeks annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusperiod; • The Company must agree to the employee cashing out their annual leave.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, (a) Officers shall be entitled to five weeks' paid annual leave save that an Officer who is not required to work in accordance with excess of 38 hours a week (or 43 hours in the Australian Fair Pay case of Registrars) throughout the year and Conditions Standard who is not required to work and who does not work ordinary hours on more than ten weekends during the annual leave year shall be entitled to four weeks' annual leave. A weekend shall be a Saturday or Sunday or both.
(AFPCS). This clause should be read b) An Officer in conjunction with the AFPCS. If any part first year of this clause is found to be inconsistent with the AFPCS, the AFPCS shall experience as a Hospital Medical Officer may take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled up to four weeks of leave, as rostered by the Hospital after the initial three months of appointment, save that the Officer may take all or part of such leave earlier provided that leave so taken is agreed to by the Officer and Hospital.
(c) All other Officers may take annual leave per annum either during or after the year in which their entitlement to leave accrues.
(d) Leave may be taken in several periods but on at least one occasion three weeks leave shall be taken at the one time.
(e) Except where the Officer otherwise agrees, annual leave shall be taken within six months from the time leave becomes due. The Hospital shall give the Officer at least four weeks' notice of the date from which the annual leave (or part thereof) shall be taken.
(f) ▇▇▇▇▇ to going on leave Officers shall be paid their ordinary pay for fullthe period of leave.
(g) Where annual leave or part thereof has not been taken and an Officer's appointment has terminated without reappointment to the same Hospital, the Officer shall on termination be paid in lieu of the untaken leave. Should such termination without reappointment occur otherwise than at the conclusion of a twelve month period, payment shall be pro rata.
(h) Where an Officer becomes sick whilst on annual leave for a period of not less than five days on which the Officer would otherwise have worked, and forwards to the Hospital within seven days a certificate of a qualified medical practitioner, not being the Officer, then the number of days not less that five specified in the certificate shall be deducted from any sick leave entitlement standing to the Officer's credit, and shall be re-credited to the Officer's annual leave entitlement.
(i) For the purposes of this clause "ordinary pay" shall mean the wages and allowances paid on the average for the period in which the Officer's annual leave or termination pay accrued, calculated as follows:
(i) If the Officer worked 60 hours or more the Officer shall be paid 38 hours at single time and pro-rata 22 hours at time and a quarter based on the rates as set out in this agreement for part-each week of leave.
(ii) If the Officer worked less than 60 hours but at least 48 hours the Officer shall be paid 48 hours at single time status. Remuneration for any period each week of annual leave leave.
(iii) Otherwise, the Officer shall be paid at the normal weekly rate plus the addition of a loadingsingle time for 38 hours for each week of leave. This loading With respect to Registrars, Senior Registrars and Principal Registrars 38 hours and 22 hours shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved replaced by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas 43 hours and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status17 hours respectively.
Appears in 1 contract
Sources: Multi Employer Certified Agreement
Annual Leave. Employees28.1 An Employee, other than casualsa casual Employee, shall be is entitled to 20 working days of paid annual leave per year in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greaterAct. Annual leave is accrues progressively throughout a year of service according to be taken at times approved by an the Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part ordinary hours of the business in which an employee works. This may occur for example during the period between Christmas work and New Year. Unused annual leave accumulates from year to year, but .
28.2 Where a public holiday occurs during the Employer may require period an Employee, to take Employee is absent on annual leave when an and such holiday is observed by SSA, no deduction shall be made for that day from the annual leave credit is greater than what credits of the Employee.
28.3 Where an Employee would ordinarily accrue over with accrued personal leave credits is ill for two years. In this situation the Employer may direct or more consecutive working days whilst absent on annual leave, the Employee shall, provided that a certificate from a Registered Health Practitioner or a statutory declaration by the Employee is submitted for the period of illness, be placed on personal leave and no deduction shall be made from annual leave credits forthe days in question.
28.4 The time of taking annual leave shall be by mutual agreement between the Employee and the supervisor provided that:
i) the Employee shall be entitled to take up to one quarter 20 working days of annual leave as a single continuous period, and a request to take a longer continuous period of leave will not be unreasonably refused;
ii) with the approval of the accumulated CEO (or delegate of the CEO), the Employee may be granted annual leave credit. Upon in advance of the termination of date on which the Employee will accrue an Employee’s employment with entitlement to such leave.
28.5 Where an Employee resigns or retires, is dismissed or is otherwise terminated from employment, the Employer, Employee’s will be entitled to a Employee shall receive payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon accrued but not taken provided that, in the event of termination of employment. An Employee may elect due to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate death, such payment shall be made to the personal legal representative of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusEmployee.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees(a) Every employee shall become entitled in respect of each year of employment to four consecutive weeks' annual leave exclusive of public holidays. For each public holiday occurring during the period of annual leave, other an additional day shall be added to the employee's leave for each such holiday occurring.
(b) An annual holiday of four weeks shall be given and taken in one consecutive period, or, if the employee and employer so agree, in two separate periods. The employee and the employer may also agree for annual leave to be taken in shorter periods of a minimum of one day, provided that not more than casualsfive (5) days out of the employee's yearly entitlement to annual leave is so taken.
(c) Upon termination of employment an employee shall be entitled to payment for all untaken leave together with such sum as bears the same ratio to four weeks' pay as the employee's number of months' service since the employee last became entitled to leave bears to one year, or in the case of an employee whose period of service is less than one year to payment of such sum as bears the same ratio to four weeks' pay as the employee's number of months' service bears to one year.
(d) An employee at the time of entering upon a period of annual leave, in accordance with this Agreement, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of 3.166 hours ordinary pay for each month; provided that the maximum amount payable for any twelve month period shall not exceed thirty–eight (38) hours.
(e) The casual rate of pay prescribed by this Agreement includes an allowance for entitlement under the Annual Holidays Act, 1944.
(f) No employee can have more than eight (8) weeks annual leave in accordance with to credit unless approved by the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistencyCEO or nominee. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled CEO or nominee may direct an employee to four take two (2) weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for once the accumulation has reached eight (8) weeks.
(g) Annual leave does not accrue to an employee in respect of any period of annual absence from duty without leave shall or without pay, except as specified in paragraph (2) of this subclause.
(h) Annual leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid at under the normal weekly rate plus the addition Workers´ Compensation Act 1987; or any period of a loading. This loading shall be 17.5% sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. 12 months.
(i) Annual leave is to be taken accrues at times approved by an Employee’s Manager. The Employer may require annual half its normal accrual rate during periods of extended leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuson half pay.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, 24.1 As provided for in the NES a Full Time Employee shall be entitled to accrue 4 weeks (168 hours) of annual leave entitlement for every 12 months of continuous service.
24.2 As provided for in the NES a Full Time Employee who is a “Continuous Shift Worker” as defined in Cl. 4 shall accrue 5 weeks (210 hours) of annual leave entitlement for every 12 months continuous service.
24.3 Employees may take a period of annual leave during their On-duty Period and/or their Off- duty Period of their Work Cycle.
24.4 Where an Employee schedules annual leave during the On-duty Period they will provide the Company with at least three (3) months notice prior to taking that leave. For leave taken during the Off-duty period they will provide at least one (1) swing of notice.
24.5 Otherwise than as stated in this Agreement, where an Employee schedules annual leave during their On -duty Period, the leave may only be taken as a complete Work Cycle or Work Cycles. The exception to this is that once per calendar year, an Employee with at least 12 months continuous service (i.e excludes periods of unpaid leave) as a Full Time Employee, may take a single week of annual leave provided the week of annual leave is either the first or last week of a Swing. Annual leave is subject to management approval and flight availability. If there is no fixed wing flight or helicopter available on requested mobilisation or demobilisation dates the Employee will be required to use additional leave or remain at work until a flight can be scheduled.
24.6 Annual Leave when taken will be paid at the Offshore Pay and the offshore allowance will be applicable.
24.7 Annual leave may be cashed out in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of following provisions: • Paid annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall must not be paid at cashed out if the normal weekly rate plus cashing out would result in the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused 's remaining accrued entitlement to paid annual leave being less than 12 months of entitlement; and • Each cashing out of paid annual leave must be by a separate agreement in writing between the Company and the Employee; and • The Employee will be paid out the same amount they would have received had they taken the annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Maintenance Services Agreement
Annual Leave. Employees, other than casuals,
Section 1. Each permanent full-time employee shall earn annual leave credits from the first day of employment. Annual leave credits earned shall be credited at the end of each pay period. However, employees are not entitled to any annual leave with pay until they have been continuously employed for a period of six calendar months.
Section 2. Seasonal employees shall earn annual leave credits. However, such employees must be employed six qualifying months before they may use the annual leave credits. In order to qualify, such employees must immediately report back to work when operations resume in order to avoid a break-in-service.
Section 3. Permanent part-time employees are entitled to prorated annual leave benefits if they have worked the qualifying period.
Section 4. An employee may not accrue annual leave credits while in a leave-without-pay status.
Section 5. Temporary employees do not earn annual leave credits, except that a temporary employee who is subsequently hired into a permanent position within the same jurisdiction without a break of service. Such employees working continuously longer than six months are entitled to earned leave credits for the term of temporary employment.
Section 6. Annual leave credits are earned at a yearly rate calculated in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSfollowing schedule, the AFPCS shall take precedence which applies to the extent total years of an employee's employment with any agency whether the employment is continuous or not: Years of Employment Working Days Credit
Section 7. Absence from employment by reason of illness shall not be chargeable against unused annual leave credits unless approved by the employee.
Section 8. Annual leave may be accumulated to a total not to exceed two times the maximum number of days earned annually as of the inconsistency. The Employer shall provide Employees with a copy end of the AFPCS upon requestfirst pay period of the next calendar year. Employee’s are entitled Excess annual leave is not forfeited if taken within 90 calendar days from the last day of the calendar year in which the excess was accrued.
Section 9. It is specifically agreed that in computing service time for annual leave pay, employees shall receive credit for service in other state employment.
Section 10. Annual leave taken over a holiday may not be charged to four an employee's leave for that day.
Section 11. It is understood and agreed than an employee within the bargaining unit may choose to take at least two consecutive accrued work weeks of annual leave per annum year. It is also understood that employees may take annual leave, with prior management approval, at their individual discretion as long as the execution of this right does not cause an undue burden for full-time and pro-rata for part-time statusthe Employer's operation. Remuneration for any period Once approved, a leave request may not be revoked unless the Employer determines that the employee's presence on the job is critical to the accomplishment of the Employer's mission.
Section 12. In granting annual leave requests for periods of two weeks or longer, bargaining unit seniority shall be paid at used as the normal weekly rate plus tiebreaker in the addition of a loadingevent that more employees request the same period than can be permitted in any given work unit. This loading provision shall be 17.5% of not apply if the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is senior employee fails to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when submit an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited request prior to the Employee by way of a written request to the Employer. Where such a request is made and approved application deadline established by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. EmployeesSection 1. Annual leave encompasses a broad range of several types of leave which had been known as vacation, other personal, and religious leave in prior Agreements. Annual leave may be taken by the employee for any purpose, including vacation, personal matters which require the employee's absence during working hours, religious observance, or death of a friend or relative for which bereavement leave is unavailable.
(a) Except as otherwise provided in subsection (b), an employee shall accrue annual leave at the following rate: Less than casualsone year- Three hours Between one and two years- Four-and-one-half hours Between two and four years- Five-and-one-half hours Between four and six years- Six-and-one-half hours Six years or more- Seven-and-one-half hours
(b) Part-time employees shall accrue annual leave on a pro rata basis pursuant to the formula set forth in subsection (a) according to the number of hours of working time during the preceding pay period.
Section 3. For purposes of accruing annual leave under Section 2, a maximum of seventy-five (75) hours shall be entitled counted as working time during any single pay period. Unpaid leaves of absence, time spent on leave advanced pursuant to Section 6 of Part B of this Article, and time spent on layoff in excess of four consecutive weeks shall not be counted as working time.
(a) Annual leave may not be accrued in excess of 300 hours per calendar year. Employees have until the expiration of the Agreement to use their annual leave in accordance with excess of 300 hours. Any annual leave that is not used within the Australian Fair Pay and Conditions Standard (AFPCS). This clause should aforesaid time period shall be read in conjunction with the AFPCS. If any part of this clause is found lost, provided that if NEA does not permit an employee to be inconsistent with the AFPCStake his/her annual leave within said period, the AFPCS shall period during which he/she may take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of such annual leave shall be paid extended by NEA as may be necessary to allow for its use.
(b) At the employee’s option, in November 2012, the employee may cash-in up to one hundred-twenty (120) hours of accrued annual leave at seventy-five percent (75%) of the employee’s regular hourly rate of pay. At the employee’s option, in November 2013 and November 2014, the employee may cash-in up to seventy- five (75) hours of accrued annual leave at fifty percent (50%) of the employee’s regular hourly rate of pay.
(c) Time spent on leaves of absence shall not be counted in computing the time period during which an employee must use his/her accrued annual leave.
(d) An employee shall not receive pay in lieu of annual leave as long as he/she remains in the employ of NEA except as otherwise provided in Section 4(b).
(a) Except in case of emergency, an employee shall notify his/her supervisor reasonably in advance of the planned use of annual leave. Except as otherwise provided in Section 6, the supervisor will make his/her best effort to schedule an employee's annual leave at the normal weekly rate plus time requested, provided that NEA reserves the addition right to make the final decision in this regard. NEA shall respond to requests for annual leave in a timely manner, in no event later than fourteen (14) calendar days from the date upon which a particular request is made.
(b) Once annual leave has been scheduled, it may thereafter be changed by NEA only if necessary to meet unforeseen operating requirements and then only with the approval of the Executive Director or his/her designee. If NEA makes such a loading. This loading change, it shall reimburse the employee for any deposits or other similar out-of-pocket losses necessarily sustained by him/her as a result thereof.
(c) An employee traveling on official NEA business may, with reasonable notice and the advance approval of NEA, schedule his/her annual leave before or after such business.
(d) Annual leave shall not be taken in segments of less than one- half day, except with the specific advance approval of the employee's immediate supervisor.
(e) Annual leave shall accrue from an employee's most recent date of hire, and an employee shall be 17.5% eligible to use such leave as earned.
(f) An employee may use annual leave in place of medical leave, provided he/she:
(i) provides required advance notice;
(ii) notifies NEA of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual type of leave to be taken when used; and
(iii) uses the Employer shuts down appropriate code on the business, Daily Activity Report.
(a) NEA reserves the right to "close down" all or any part of its operations for up to five (5) days each year in addition to the business end-of-year closedown period provided for in which an employee workssubsection (d). This may occur Employees in the operations affected shall receive administrative leave for example during the fifty percent (50%) of any such closedown period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to shall take annual leave or compensatory time off, at their option, for the remaining fifty percent (50%). NEA may require particular individuals to work during all or any part of such a closedown when an annual leave credit is greater than what an Employee would ordinarily accrue over two yearsoperational requirements make such work necessary. In this situation the Employer may direct the Employee to take up to one quarter Fifty percent (50%) of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will any such time worked shall be entitled to a payment considered work in lieu of annual leave and fifty percent (50%) percent shall be considered work in lieu of administrative leave.
(b) Except in case of emergency, NEA shall give the Union at least thirty (30) calendar days advance notice of any unused accrued entitlement proposed closedown other than the end-of-year closedown and shall afford the Union an opportunity to annual leavediscuss the matter.
(c) Except in case of emergency, NEA shall give the employees to be affected by a closedown other than the end-of-year closedown at least twenty (20) calendar days advance notice.
(d) NEA will close down all of its operations beginning on December 24 of each year and continuing up to and including January 1 of the following year. Annual leave loading Employees shall not be payable charged leave for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.this
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. Employees, other than casuals, The employee shall be entitled to 21 consecutive days paid leave per year, including weekends but excluding public holidays, in respect of each period of 12 months completed in the service of the employer. Alternatively, at the discretion of the employer, the annual leave can be calculated at the rate of one day of paid leave for every 17 days the employee had worked. The annual leave shall be reduced by the number of days of occasional leave on full remuneration granted to the employee at the employee's request. Any request for annual leave will be submitted to the employer in writing and in turn be granted or refused in writing. The leave shall be granted and be taken at a time to be fixed by the employer, in consideration of the operational requirements of the business, and shall commence within 6 months after the completion of the 12 months of employment to which it relates. No accrual of leave will be allowed. The employee hereby acknowledges and agrees that in the event of any leave carried over to a following leave cycle and not taken prior to the six months period after the leave has become due to the employee, will be forfeited by the employee and no such leave will be paid out to the employee at termination of service. The employee is obliged to take leave during any period of closure of business. Upon termination of employment, the employee will only be entitled to payment of any leave not yet taken prior to the termination of employment with regard to the prior and current leave cycle. This provision will only apply in the event of the employee being in the service of the employer for 4 months or longer. Sick Leave During each sick leave cycle of 36 months’ employment with the employer, the employee shall be entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. During the first 6 months of employment, the employee shall be entitled to 1 day's paid sick leave for every 26 days worked. The employee agrees that the employer may reduce his/her sick pay and proportionately increase his/her number of days of sick leave, in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with Act, subject thereto that the AFPCS. If any part of this clause is found employee’s entitlement to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration pay for any period of annual days sick leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5not less than 75% of the normal weekly rate employee’s ordinary daily wage and the number of days of sick leave shall not be less than the employee’s entitlement in terms of clause 14.1 above. Should the employee be absent for more than 2 consecutive days due to illness or injury or on more than 2 occasions during an 8 week period or any day which precedes or follows a weekend, public holiday or a day free of service, he/she shall not be entitled to paid sick leave unless he/she produces a medical certificate, signed by a registered medical practitioner, stating that he/she was unable to work for the normal shift loading duration of his/her absence on account of illness or injury. The employer retains the right to expect the employee to subject himself/herself to an examination in order to obtain a second medical opinion regarding his/her alleged illness/injury. Only medical certificates based on personal examination will be accepted. The employee must personally inform the employer, before on the day he/she was supposed to have reported for duty, of such absence and expected date of returning to work. The employer must also be informed of an address where the employee could be found should he/she wish to visit the employee. Maternity Leave (If applicable) The employee shall be entitled to 4 consecutive months maternity leave, commencing 4 weeks before the expected date of birth or such other date as a medical practitioner or midwife may deem necessary. The employee shall at least 4 weeks in advance, notify the employer in writing of the date of commencement of maternity leave and the date of return to work after maternity leave. The employee may not work for a period of 6 weeks after the birth of her child, unless a medical practitioner or midwife certifies that would she is fit to do so. Should the employee, fail to return to work on the return date specified by her or agreed with the employer, without a valid reason, her absence will be applicabletreated as unauthorised and may result in the termination of her service. The employee will not be entitled to remuneration during her maternity leave period, but may claim maternity benefits as laid down in the provisions of the Unemployment Insurance Act. Family Responsibility Leave The employee will only be entitled to family responsibility leave after 4 months of service with the employer and if he/she works for at least 4 days a week for the employer. The employee shall be entitled to 3 days paid leave during each cycle of 12 months of employment with the employer. This will be granted only for the birth or illness of a child or in the event of the death of the employee’s spouse, life partner, parent, adoptive parents, grandparents, child, adopted child, grandchild or sibling. The employee shall notify the employer of the event, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Managernecessitates the employee's absence, as soon as possible. The Employer may require annual employee shall not be entitled to payment for the absence unless the employee furnishes the employer with proof of the circumstances necessitating the absence. Unused family responsibility leave to be taken when will lapse at the Employer shuts down end of each cycle of 12 months’ service. In accordance with the businessMinisterial Determination 1: Small Business Sector, or any Family responsibility leave will form part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employeeemployee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for , should the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no employer employ less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status10 (ten) permanent workers.
Appears in 1 contract
Sources: Employment Agreement
Annual Leave. Employees, other than casuals, shall (a) An Employee will be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)statutory entitlements. This clause should be read in conjunction with the AFPCS. If any Such statutory entitlements do not form part of and are not incorporated into this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, Agreement.
(b) Each Employee agrees to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way during the period of a written request to the Employer. Where such a request is made and approved any shut down nominated by the Employer, Company. If the Employee does not have enough accrued annual leave to cover all or part of the shut down period the Employee agrees to take leave without pay.
(c) In extenuating circumstances the Employee will be entitled to elect to forego an amount of his/her annual leave entitlement and receive a payment in lieu instead of taking that amount of annual leave. In order for the Employee to receive payment instead of taking an amount of annual leave the Employee must have an accrued annual leave entitlement of at a rate no less than least 6 weeks leave and all of the Employee’s agreed rate following steps must be complied with:
(i) The Employee must notify the Company in writing that he/she wishes to forego an amount of pay at the time the election is madehis/her annual leave entitlement and receive payment instead of taking such annual leave. The maximum most amount of annual leave an that can be foregone in such a way is 1/26th of the nominal hours worked by the Employee can forego during each for the Company in a 12 month period period;
(ii) The Company will advise the Employee whether or not it authorises the Employee to forego an amount of employment annual leave and receive payment instead of taking that amount of annual leave; and
(iii) Where a payment is 2 weeks for fullmade in accordance with this sub-time status and pro-rata for part-time statusclause the Employee’s annual leave bank will be reduced accordingly.
(d) For the purpose of this annual leave provision a reference to extenuating circumstances means any of the following circumstances as specified by the relevant Company’s policies These policies do not form part of this Agreement.
(i) Immediate financial hardship;
(ii) Pressing domestic necessity;
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. 25.1 Employees, other than excluding shift workers and casuals, shall be entitled to accumulate 144 hours of annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)each complete year of service. This clause should be read in conjunction with the AFPCS. If any part An employee’s entitlement to paid annual leave accrues progressively during a year of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence service according to the extent employee’s ordinary hours of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time work and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but .
25.2 This annual leave will be approved by Ausgrid provided that adequate employees are available to meet the Employer may require needs of the organisation. Ausgrid must not unreasonably refuse to agree to a request by an Employee, employee to take paid annual leave.
25.3 Annual leave may be taken in any combination of separate periods. These should be taken in whole days.
25.4 Payment for annual leave when shall be at the ordinary rate of pay. See Clause 24 Higher Grade Pay or Appendix 4 – Career, Capability and Remuneration in relation to Higher Grade Pay.
25.5 Employees may be allowed to take a period of annual leave in advance of its accrual, subject to approval. Where their employment subsequently terminates before the leave has accrued on a pro rata basis, the employee agrees Ausgrid may deduct any pre-payment from their termination pay.
25.6 Any Agreement/Public Holidays which occur during annual leave shall not be deducted from annual leave entitlements.
25.7 Rostered days off do not accrue during periods of annual leave.
25.8 If an employee provides evidence that during a period of annual leave, their absence included a period of any other leave (other than unpaid leave), or a period of absence for community service leave, then the period of leave which is affected will be re-credited as annual leave and converted to the appropriate type of leave.
25.9 Seven Day Shift workers shall accrue 200 hours of annual leave in each complete year of service. A Seven Day Shiftworker’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
25.10 A shift worker who is not a Seven Day Shiftworker shall accrue 160 hours of annual leave in each complete year of service which accumulates from year to year. A shiftworker who is not a Seven Day Shiftworker’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
25.11 Employees who have worked as Seven Day Shift workers for part of a year shall receive a pro rata entitlement to additional annual leave.
25.12 When an employee ceases employment for any reason, they shall be paid for any annual leave which has not yet been taken for each completed year of service. The employee shall also be paid a pro rata amount for any leave which has not been taken for any partly completed year of service. Payment for all outstanding annual leave shall be at the amount that would have been payable to the employee had the employee taken that leave. (Subject to Clause 24 in relation to Higher Grade Pay or Appendix 4 – Career, Capability and Remuneration).
25.13 Employees shall not commence annual leave whilst on personal leave or accident leave.
25.14 All annual leave is paid at the employee’s Ordinary Rate of Pay which includes, all purpose allowances as defined and Higher Grade Pay where applicable (See Clause 24 Higher Grade Pay or Appendix 4 – Career, Capability and Remuneration). Shift workers are paid for their annual leave at their ordinary rate of pay inclusive of shift allowances or receive an annualised holiday loading paid at 1.65% each week, whichever is the greater.
25.15 Subject to approval of Ausgrid, employees may use single days of annual leave to look after sick relatives or deal with emergencies. In these circumstances, the employee shall provide his/her manager with as much notice as possible before the scheduled start of work for which they wish to be absent.
25.16 Where an employee has an annual leave credit balance in excess of 320 hours for a day worker or a shift worker who is greater not a Seven Day Shiftworker or 400 hours for a Seven Day Shift Worker, the employee and manager will develop a plan to reduce the annual leave balance within 12 months to less than what an Employee would ordinarily accrue over two years320 or 400 hours respectively. In this situation Both parties must adhere to the Employer may direct plan, unless changes are agreed by both parties as to the Employee to take up to one quarter timing and/or duration of the accumulated leave.
25.17 Subject to the requirements of 25.2 Annual leave may be taken at half pay by part- time employees.
25.18 Subject to the requirements of 25.2 Annual leave may be taken at half pay by full- time employees where approved by Ausgrid, but only where:
25.18.1 the employee has an annual leave credit. Upon the termination balance of an Employee’s employment with the Employer, Employee’s will be entitled to 320 hours or less (or 400 hours or less for a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay Seven Day Shift Worker) at the time of commencing annual leave; and
25.18.2 where the election leave of absence is made. The maximum amount of annual leave an Employee can forego during each 12 month for a period of employment is 2 two weeks for full-time status or longer. unless otherwise agreed between Ausgrid and pro-the employee.
25.18.3 The taking of half pay leave under this clause does not break an employee’s continuity of service. However during such an absence, any paid leave under this agreement will accrue on a pro rata for part-time statusbasis only.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be a) Employees are entitled to accrue annual leave in accordance with the Australian Fair Pay and Conditions Standard WR Act, at the rate of 1/13 of the number of ordinary hours worked during each four (AFPCS4) week period (equivalent to four (4) weeks per annum or 150 ordinary hours). This clause Annual leave is accrued for each completed four (4) week period of continuous service with the Employer and credited monthly.
b) Time not worked due to annual leave, sick/carer’s leave, compassionate/ bereavement leave, jury service and public holidays will count as continuous service for the purpose of this clause.
c) Annual leave will be granted and taken at a time agreed between the Employer and the Employee. If an Employee accumulates more than 40 days of annual leave the Company may direct you to take annual leave.
d) Annual leave loading is incorporated into the annual salary and will not be paid separately or shown as a separate figure on payslips.
e) Accrued annual leave entitlements should not exceed 40 days at any time. Leave should be read in conjunction with taken within twelve (12) months of falling due, at a mutually convenient time agreed between the AFPCSEmployee and the manager. If agreement is not reached, the leave will be taken as directed by the Employer provided at least two (2) months notice is given of the date upon which the leave is to commence.
f) Payment in lieu of leave (i.e. cashing out) is not normally permitted, except on termination or transfer to another business unit. In extraordinary circumstances (eg: accrual above 300 hours, financial hardship), an Employee may request to cash-out up to two (2) weeks of their fully accrued annual leave entitlement every twelve (12) months.
g) A “Leave Application” must be completed, approved by the manager/supervisor and forwarded to the Human Resources Department prior to any part of annual leave being taken.
h) The annual leave prescribed by this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent exclusive of any of the inconsistencygazetted public holidays. The Employer shall provide Employees with If a copy of the AFPCS upon request. public holiday falls within an Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any 's period of annual leave shall and is observed on a day which in the case of that Employee would have been an ordinary working day the day’s leave will be paid at re-added back onto the normal weekly rate plus the addition of a loading. This loading shall be 17.5% leave balance of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Employee.
i) Annual leave is may be granted in advance at a Manager’s discretion as long as the Employee has a pro-rata entitlement equal to be taken at times approved by an Employee’s Manager. The Employer may require the amount of leave for which the Employee has applied.
j) In exceptional circumstances, if the Employee does not have sufficient accrual of annual leave to be taken when the Employer shuts down the businessleave, or any part and taking into account consideration of the business needs, leave without pay may be granted on approval from the Human Resources Department. Application for leave without pay is required 90 days prior to the leave being taken (except for in which an employee works. This emergency circumstances).
k) An Employee may occur for example during elect, with the period between Christmas and New Year. Unused annual leave accumulates from year to year, but consent of the Employer may require an Employee, to take annual leave when an in single day periods or part of a single day not exceeding a total of ten (10) days in any calendar year at a time agreed between them.
l) When annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation and long service leave are taken during the Employer may direct the Employee to take up to one quarter of the accumulated same leave period, annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s entitlements will be entitled to a payment in lieu of any unused accrued deducted from the entitlement to annual leave. Annual before the long service leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusdeducted.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent i) The provisions of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, which allows for four weeks of (4) weeks' annual leave per annum shall apply.
(ii) Three (3) months’ notice shall be given of any planned shutdown. A shorter period of notice may be given following consultation between the company and the employees concerned.
(iii) Seven (7) day shift work employees shall have an additional annual leave entitlement of one
(1) week's leave.
(iv) An employee will retain Annual/RDO/ADO leave of two (2) weeks for full-five (5) day employees and three (3) weeks for seven (7) day employees to be taken in conjunction with planned shutdowns. In the case where, over the period of a calendar year, the planned shutdowns do not require the total utilisation of reserved annual leave, the residual leave will revert back to the employee to be taken during that year, or in a subsequent year at a time mutually agreed between the employer and employee concerned."
(v) Employees will normally take whatever leave is required to cover plant shutdown periods. Should an employee have insufficient leave to cover the period, every effort will be made to find work for the employee during that time.
(vi) One (1) week's annual leave is a week comprising 38 hours and an employee shall receive 38 hours' ordinary pay for each week of annual leave irrespective of that employee's shift roster cycle. The number of hours to be deducted from the employee's annual leave entitlement will be those hours due to be worked according to the roster applying when the leave is taken. Any difference between rostered hours and 38 hours will be debited or credited, as the case may be, to the employee's accumulated RDO hours in such a way that the accumulated hours balance shall not be negative at the end of the roster cycle.
(vii) Employees who transfer between five (5) day shift and seven (7) day shift rosters (and vice versa) are entitled to have their different work patterns taken into account when annual leave loading is calculated. Employees' leave loading shall be calculated on a pro-rata basis taking into account the varying shift patterns worked in the qualifying period for part-annual leave.
(viii) Annual leave will be used for the appropriate purpose. Leave will begin from the starting time statusof the first rostered shift off on annual leave and will cease at the commencement time of the first rostered shift after the annual leave period. Remuneration for any No overtime will be worked by an employee during a period of annual leave. The company may approve applications for single day annual leave absences which shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave a time mutually agreed between the employer and employee, subject to be taken when the Employer shuts down the business, or any part operational requirements of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusfactory.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. EmployeesFull-time, other than casualsPart-time and Fixed-term Employees shall accrue paid annual leave at the rate of 0.07693 hours for each base hours employed. For information purposes, this equates to 160 hours of paid leave for a Full-time Employee per year. Employees are able to access paid annual leave as it accrues, provided that any annual leave requested and approved shall be entitled in a minimum of 8 hour blocks. Due to the nature of the employment contract, Casual Employees shall not accrue or receive any annual leave in accordance with during their term of employment. Payment to an Employee on annual leave shall be the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCSEmployee’s base single time rate prescribed by this agreement. If any part the employment of this clause an Employee is found to be inconsistent with terminated before the AFPCSexpiration of a full year of employment, the AFPCS Employee shall be paid in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s base single time rate, excluding any allowances or other loading. Employees are required to use any or all of their annual leave entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with 2 weeks notice of their intention to take precedence annual leave. The Employer shall attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the extent Employer may not grant the request for annual leave. Employees may be required to take annual leave during a designated closure of the inconsistency. The business, should this be required, the Employer shall provide Employees with a copy of the AFPCS upon requestrelevant dates at an appropriate time. Employee’s are entitled to four weeks of Should an Employee not have accrued sufficient annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of such a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicableclosure period, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, the Employee to take annual leave when prior to the Employee accruing sufficient annual leave. Where an Employee accesses paid annual leave credit prior to it accruing such, the Employer has the right to withhold an amount of money from the Employee’s termination payment equal to the amount of annual leave that is greater than what still in debit. An Employee shall be required to sign to accept the specific amount at the time of approval. Where an Employee would ordinarily accrue over two years. In accrues excessive annual leave (as determined in Clause 1.7 of this situation agreement) the Employer company may direct request the Employee to take up to one quarter ¼ of their accrued leave on the accumulated provision of 2 weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave credit. Upon purposes shall be paid to the termination Employee incrementally during the period of an Employee’s employment with leave on their regular pay day or as otherwise mutually agreed between the Employee and the Employer, Employee’s will . Annual leave shall be entitled to a payment in lieu exclusive of any unused accrued entitlement to statutory holiday that occurs during the period of annual leave. Annual Leave loading has been included in the base single time rate and therefore no additional leave loading shall not be is payable for by the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited Employer to the Employee by way of a written request to at any time under this agreement. At the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu discretion of the Employer an Employee is able to “cash in” up to half of their annual leave and forego that amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each per 12 month period of employment is 2 weeks for full-time status employment. Such a payment shall be equal to the amount the Employee would have been paid if they had taken the leave. Any requests to “cash in” annual leave provision should be made by written completion and pro-rata for part-time statussignature of the appropriate forms.
Appears in 1 contract
Annual Leave. Employees, other than casuals, shall be 8.1 Full-time and part-time employees are entitled to annual leave in accordance with this clause and the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction National Employment Standards.
8.2 For each year of completed service with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s Company employees are entitled to four weeks of paid annual leave.
8.3 Annual leave accrues on a continuing basis according to the ordinary hours worked but does not accrue during any period of unauthorised absence, unpaid leave or unpaid authorised absence (other than community service leave or period of stand down) or during a period where an employee is absent from work and receiving workers compensation payments.
8.4 Any untaken leave in one year cumulates to the next year. Untaken annual leave per annum is paid out on termination.
8.5 Annual leave is paid at the employee’s base rate of pay for full-the employee’s ordinary hours of work in the period. Annual leave will be paid at the time and pro-rata for part-time status. Remuneration for any payment is made in the normal course of the employment, unless the employee requests to be paid before leave commences.
8.6 Employees are not entitled to annual leave loading, which has been incorporated into the minimum rates of pay.
8.7 Where an employee is entitled to a public holiday, or other period of leave under the NES (other than unpaid parental leave), which falls during a period of annual leave that day (or part day) shall not be paid at the normal weekly rate plus the addition of a loading. This loading shall considered to be 17.5% part of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. period of annual leave.
8.8 Annual leave is to may be taken at times approved by an Employee’s Manageragreement between the employee and the Company, provided that it will not unreasonably refuse a request to take accrued annual leave. The Employer may require When requesting to take annual leave employees should provide a minimum of two weeks notice prior to the intended start date. Unless otherwise agreed between the Company and the employee, annual leave should be taken when within 12 months of it accruing.
8.9 Notwithstanding the Employer above, the Company may direct an employee at a mutually agreeable time to take:
a) up to a third of their accrued annual leave entitlement where the employee has accrued more than six weeks annual leave;
b) leave where it shuts down the business, all or any part of the business in which to a maximum of three days provided that if an employee works. This does not have sufficient accrued leave he/she may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, be required to take annual leave when an annual in advance or leave credit without pay where such requirement is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusreasonable.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 39.1 This clause does not apply to Casual Employees, other than casuals, shall be .
39.2 A Full-time Employee is entitled to 4 weeks (150 hours) of paid annual leave for each completed year of service with the University, accrued on a pro rata basis of 5.77 hours per completed fortnight of service.
39.3 Shift workers, being Employees engaged on shift work and who regularly work on Sundays and/or public holidays, are entitled to an additional week's annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide NES.
39.4 Part-time Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-on a pro rata for part-time status. Remuneration for any period of annual basis.
39.5 Annual leave shall be is paid at the normal weekly rate plus Employee’s Ordinary Hourly Rate unless otherwise specified.
39.6 Annual leave will normally be taken in periods of at least 1 week. The minimum period of leave that may be taken is 1 hour.
39.7 Employees are encouraged to take accrued leave prior to the addition expiry of a loading. This loading shall their appointment or resignation provided that Employees on an externally funded fixed term contract may be 17.5% required to clear any leave entitlements prior to the expiry of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved contract.
39.8 The University must not unreasonably refuse a request by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up paid annual leave provided that the clearance of leave will have regard to one quarter the work commitments of the accumulated annual Employee and the convenience of the work area.
39.9 Annual leave credit. Upon must be cleared where possible:
(a) in the termination case of an Employee’s employment with the Employer, Employee’s will be entitled to a payment first entitlement by the end of February in the year following commencement; and
(b) within the calendar year it accrues thereafter.
39.10 University recognised holidays as recognised in clause 43 or days taken in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment those days occurring during periods of annual leave upon termination of employment. will not be deducted from leave entitlements.
39.11 An Employee may elect to forego an access up to a full year’s leave entitlement to take an amount of annual leave credited in advance subject to the operational requirements of the work area. If the Employee by way of subsequently resigns and has a written request to the Employer. Where such a request is made and approved by the Employernegative entitlement, the Employee will receive a payment in lieu of is required to repay the overdrawn entitlement. The University may deduct the amount of annual leave at a rate no less than the overdrawn entitlement from the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusfinal payment.
Appears in 1 contract
Annual Leave. Employees, other than casuals, (a) Employees shall be entitled to combined vacation, personal, business and religious holiday leave of 20 days annually and shall be entitled to one additional day for each completed year of continuous service in the Unified Court System up to a maximum of 27 workdays annually. An employee shall not earn annual leave credit for any biweekly pay period unless he/she is in full pay status for at least seven workdays during such biweekly pay period. Annual leave shall be credited on a biweekly basis.
(b) A leave of absence without pay, or a resignation followed by re- employment in the Unified Court System within one year following such leave of absence or resignation, shall not constitute an interruption of continuous service for the purpose of this section; provided, however, that leave without pay for more than six months or the period between resignation and re-employment, during which the employee is not in the service of the Unified Court System, shall not be counted in determining eligibility for additional annual leave credits under this section.
(c) After the anniversary date on which an employee has been credited with seven days of additional annual leave credits, he/she shall thereafter earn annual leave for completed biweekly pay periods at a rate which will equal 27 days for 26 such pay periods.
(d) No accumulation of annual leave credits in excess of 54 days may be carried from one fiscal year to the next. Any such accumulation in excess of 54 days at the end of the fiscal year shall be converted into sick leave.
(e) The time at which annual leave may be drawn by an employee shall be subject to the prior approval of the District Administrative Judge or his/her designee. Notwithstanding the foregoing, employees shall be allowed to charge two (2) days of annual leave for emergency circumstances, per calendar year. Such approval shall not be unreasonably withheld.
(f) As far as practicable, an employee shall be allowed to use annual leave credits prior to appointment, promotion, reassignment or transfer to a different court or court-related agency. In any event, the court or court-related agency to which an employee is appointed, promoted, reassigned or transferred shall credit him/her with all of his/her accumulated annual leave credits not used prior to such appointment, promotion, reassignment or transfer.
(g) Employees compensated on a part-time, per diem or hourly basis who are employed at least half-time and who are expected by the Administrative Director or his/her designee to be so employed continuously for nine months without a break in service exceeding one full payroll period, shall be eligible to observe holidays and to accrue pro rata annual leave and sick leave which shall be granted and shall be subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.
(h) An employee who has completed 25 years of Unified Court System or State service shall be entitled to one additional annual leave day each year.
(i) An employee who has completed 30 years of Unified Court System or State service shall be entitled to one additional annual leave day each year, in addition to the one additional annual leave day provided in Section 9.2(h).
(j) Annual leave accruals shall be used in units of not less than 15 minutes.
(k) Employees entering the service of the Unified Court System shall be entitled to accrue annual leave from their initial date of hire. An employee shall not earn annual leave credit for any biweekly pay period unless he/she is in full pay status for at least seven workdays during such biweekly pay period.
(l) If an employee's written request for use of accrued leave credits is denied, the employee shall receive a written statement of the reasons for such denial.
(m) In the event the State determines that it will recess operations in a particular court or courts for at least four consecutive workdays, it may require employees during such recess to charge up to four days annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to each fiscal year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. Employees
12-1 Full-time, other than casuals, year-round classified employees shall be entitled to the hourly equivalent of ten working days of paid annual leave each year during their first five years of employment. After five (5) consecutive years of employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of fifteen working days of paid annual leave. After fifteen (15) years of consecutive employment, a full-time, year-round classified employee shall be entitled to the hourly equivalent of twenty (20) working days of paid annual leave. (2011)
12-2 Annual leave is earned and credited to the employee on a monthly basis coinciding with pay periods. Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to personal business. Employees may not use annual leave before the end of the pay period in accordance which the hours accrued. (2011)
12-3 If an employee accepts a position that accrues annual leave and, immediately preceding the acceptance of such position, was in continuous full-time employment with the Australian Fair Pay and Conditions Standard (AFPCS)School District, such prior service time shall be included in determining the rate at which annual leave shall accrue. This clause should rate shall be read in conjunction prorated dependent upon the prior contracted days. (2011)
12-4 Annual leave must be earned before it can be accrued and used. Entitled employees shall be eligible to take accrued annual leave following their first six (6) months of employment. Upon termination, an employee with more than six months of continuous employment will be paid for all accrued annual leave at the AFPCSemployee’s last regular rate of pay. (2011)
12-5 Annual Leave is an earned benefit. If any part employees meet the requirements for annual leave, they shall be allowed to take their annual leave at a time(s) of this clause their choosing, provided they request the leave in advance and receive approval from their supervisor. Reasonable consideration will be given to an employee’s request for specified annual leave dates. In instances where there is found to a conflict in scheduling vacation time off submitted at the same time between employees in the same department or site, seniority shall be inconsistent with the AFPCSgiven priority. Otherwise, the AFPCS shall take precedence to employee that submits the extent of request the inconsistencyearliest would be given priority. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks (2017)
12-6 District staffing needs as well as emergency situations may require denial of annual leave per annum for fullrequests and/or rescheduling of approved dates.
12-time and pro-rata for part-time status7 No more than the hourly equivalent of two (2) years annual leave may be accumulated. Remuneration for any period of No additional annual leave shall be paid at accrued beyond the normal weekly rate plus the addition of a loadingmaximum that could be accumulated over two (2) years. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable(2011)
12-8 In unusual circumstances, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require earned annual leave to may be taken when accumulated beyond the Employer shuts down two (2) year maximum, provided the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, was unable to take annual vacation leave when an annual leave credit due to workload and the extended accrual is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is madeDistrict. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.(2011)
Appears in 1 contract
Sources: Negotiation Agreement
Annual Leave. Employees, other than casuals, 24.1 A Pilot on permanent hire shall be entitled to forty-two (42) consecutive days annual leave inclusive of - Saturdays, Sundays and public holidays on full salary for each completed year of service.
24.2 Where a pilot takes annual leave for 5 consecutive days or more he/she may elect to take two (2) rostered days free of duty immediately before or after or one day immediately before and one day immediately after such leave period.
24.3 Annual leave should be taken within 12 months of it falling due and ordinarily in at least 2-week blocks, or mutually period between employee and employer.
24.4 In addition to their entitlement to payment under this clause a Pilot when proceeding on recreation leave shall be paid in respect of the first four of their six weeks recreation leave falling due each year a recreation leave loading equivalent to l7½ % of their applicable salary inclusive of allowances and additions to salary. This loading is included in the wages schedule contained in Appendix B.
24.5 Annual recreation leave shall normally be taken in no more than three periods unless otherwise mutually agreed between the Pilot and the Company.
24.6 A Pilot may elect to be paid in full for the period of leave to be taken prior to commencing such leave.
24.7 Where a Pilot becomes ill during recreation leave, for a period of not less than seven (7) consecutive days the duration of such illness shall be counted as sick leave to the extent that the Pilot has credited sick leave.
24.8 The Pilot shall advise the Company as soon as practicable after the commencement of the illness and secondly produces proof of illness to the Company as soon as practicable following return to duty. Every consideration shall be given to granting the equivalent substitute recreation leave in the manner requested by the Pilot.
24.9 The Company shall not be entitled to recall a Pilot from recreation leave except by mutual agreement with the Pilot, and the Pilot shall receive credit for the day worked and an RDO payment as specified in Appendix A for the additional day.
24.10 Annual leave is cumulative and all accrued leave entitlement will be paid out upon termination.
24.11 Subject to prior consultation with the WRC, The company may roster Pilots annual leave. Pilots must take their annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave roster as agreed by the WRC.
24.12 Pilots based in remote -locations shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is given every assistance in rostering to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled facilitate travel to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable capital city for the payment purpose of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statustaking recreation leave.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. 16.1 Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require provided for in the NES.
16.2 For each year of service the NES entitles Employees to:
(a) Four (4) weeks of paid annual leave; or
(b) Five (5) weeks of paid annual leave to be taken when if the Employer shuts down Employee is a shiftworker. For this purpose, a shift worker i s defined in clause 14.11 – Shiftwork of this Agreement.
16.3 Under the businessNES, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year, but . Annual leave does not accrue during any period of unpaid leave or unauthorised absence.
16.4 Annual leave can be taken by agreement between the Employer may require an Employee, and Employee following a request by the Employee to take accrued annual leave when an annual leave credit leave. Leave approval is greater than what an Employee would ordinarily accrue over two years. In this situation subject to the operational requirements of the workplace but shall not be unreasonably withheld.
16.5 The Employer may direct the Employee in writing to take up one or more periods of annual leave, provided that:
(a) the Employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shift worker (excessive leave accrual));
(b) the Employer has genuinely tried to reach agreement with the Employee on how to reduce or eliminate the excessive leave accrual but agreement is not reached;
(c) the direction to take one quarter or more periods of annual leave does not result in the Employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks;
(d) the direction to take one or more periods of annual leave does not require the Employee to take any period of paid annual leave of less than one week;
(e) the direction to take one or more periods of annual leave does not require the Employee to take any period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(f) the direction to take one or more periods of annual leave is not inconsistent with any leave arrangement agreed by the Employer and the Employee.
16.6 Annual leave is paid at ordinary rate of pay. Employees are not entitled to annual leave loading.
16.7 By written agreement, the Employer and Employee may agree to the Employee taking a period of annual leave in advance of the accumulated annual leave credit. Upon entitlement accruing.
16.8 If, on the termination of an the Employee’s employment employment, the Employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with clause 16.7, the EmployerEmployer may deduct from any money due to the Employee on termination, an amount equal to the amount that was paid to the Employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
16.9 By written agreement, the Employer and the Employee may agree to the cashing out of a particular amount of accrued annual leave by the Employee each twelve (12) months, provided that:
(a) paid annual leave cannot be cashed out if the cashing out would result in the Employee’s will be entitled to a payment in lieu of any unused remaining accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination being less than four (4) weeks;
(b) each cashing out of employment. An Employee may elect to forego an entitlement to take an a particular amount of paid annual leave credited must be by a separate written agreement in writing between the Employer and the Employee;
(c) the Employee must be paid at least the full amount that would have been payable to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, had the Employee will receive a payment in lieu of taken the amount of annual leave at a rate no less than leave; and
(d) the Employee’s agreed rate of pay at the time the election is made. The maximum amount of accrued paid annual leave an Employee can forego during each 12 month that may be cashed out in any period of employment 12 months is 2 weeks for full-time status and pro-rata for part-time statusweeks.
16.10 This clause shall not apply to casual Employees.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. 20.1 This clause applies to Employees, other than casualscasual Employees.
20.2 Annual leave entitlements are provided for in the NES. This clause supplements those entitlements.
20.3 An Employee is entitled to Annual leave, shall be entitled in addition to the amount provided for in the NES, such that the Employee’s total entitlement to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence pursuant to the extent NES and this Agreement for each year of the inconsistency. The Employer shall provide Employees with employment is a copy cumulative total of the AFPCS upon request. Employee’s are 175 ordinary hours (five weeks).
20.4 An Employee defined as a shiftworker is entitled annually to four weeks an additional 35 ordinary hours (one week) of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any leave.
20.5 For each period of annual leave shall taken the ordinary hours of each shift that would have been worked by an Employee will be deducted from the Employee’s accrued annual leave entitlement.
20.6 Payment for Annual Leave Annual leave will be paid using either:
(i) the employee’s ordinary rate of pay plus a loading of 20% of that rate; or
(ii) the employee’s rostered earnings for the period of annual leave which includes all rostered overtime and rostered public holidays (but does not include shift allowances other than for shiftworkers); whichever is the greater.
20.7 Employees on annual leave will be paid on the same date as all other Employees.
20.8 To the extent permitted by the Act, the Employee may elect, with the agreement of the Company, to cash out accrued annual leave at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greaterhave been payable had the annual leave been taken. Annual leave is cannot be cashed out if the cashing out results in the Employee's remaining accrued entitlement to be taken at times approved by an Employee’s Manager. The Employer may require paid annual leave to being less than four (4) weeks. Each cashing out of a particular amount of paid annual leave must be taken when by a separate agreement in writing between the Employer shuts down employer and employee.
20.9 Annual Leave will be granted unless in the business, or any part opinion of the business in which an employee works. This may occur for example during Company the period between Christmas and New Year. Unused annual leave accumulates from year to year, but operations will be adversely affected by the Employer granting of Annual Leave at that time requested.
20.10 The Company may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment period of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to under particular circumstances, but only where the Employee by way of a written request to the Employer. Where such a request requirement is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusreasonable.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled to a) An Employee will accrue paid annual leave in accordance with at the Australian Fair Pay and Conditions Standard rate of 4 weeks (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for fulleach 12-time and pro-rata for part-time status. Remuneration for any month period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greatercontinuous service). Annual leave is paid based on 36 hours per week at the Base Rate paid to be taken at times approved by the Employee immediately prior to the leave plus a loading of 17.5% (plus Leading Hand allowance if applicable). For the period, if any, that an Employee’s Manager. The Employer may require annual leave to be taken when Employee is engaged as a Shift Worker for the Employer shuts down the business, or any part purposes of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to yearNational Employment Standards as defined by this Agreement, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s they will be entitled to a payment pro-rata accrual of 5 weeks (maximum) of annual leave per annum.
b) An Employee who would have received shift loadings prescribed by this Agreement had they not been on Annual Leave, will forgo the Annual Leave loading and will be entitled to the higher shift loadings.
c) The loading prescribed in lieu 7.1(a) or (b), will apply to accrued but untaken annual leave on termination.
d) The period of annual leave will be exclusive of any unused public holiday that occurs during the period.
e) The Employer may direct Employees to take accrued entitlement annual leave on one month’s notice, the Employer will generally close down the Project for one or more weeks over the Christmas – New Year period and in these cases, Employees will generally be required to ensure that they have sufficient Annual Leave remaining to enable them to take leave for the period of the shutdown. In the event that they do not have Annual Leave or RDO accruals, the Employee may be required to take Leave Without Pay for such period or a combination of Annual Leave, RDO and Leave Without Pay.
f) Unless otherwise agreed, one month’s notice of the start of annual leaveleave will be given by Employees. Annual leave loading shall not may be payable for taken in any combination of days or weeks agreed between the payment of annual leave upon termination of employment. Employer and the Employee.
g) An Employee going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Employer before the leave is taken.
h) Where an Employee has exhausted Annual Leave entitlements, leave without pay may elect to forego an entitlement to take an amount be considered by the Employer and approval of annual such leave credited will be at the Employer’s sole discretion. The Employee must make a formal request in writing providing a valid reason for such a request. If leave without pay is granted to the Employee by way of a written request to the Employer. Where such a request is made and approved by the EmployerEmployee, the Employee will receive a payment not accrue any entitlements for the duration of leave without pay.
i) Accrued annual leave is paid out on termination of employment.
j) This clause 7.1 will be read and be interpreted in lieu conjunction with the definition of “shiftworker” in clause 38 of the amount Building and Construction General On-Site Award 2020 for the purposes of annual leave at a rate no less than the Employee’s agreed rate of pay at NES. If there is any inconsistency between this clause and NES, the time the election is made. The maximum amount of annual leave more beneficial provision to an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusprevails.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled A. Annual leave is provided to allow employees extended leave for rest and recreation and to provide periods of time off for personal and emergency purposes.
B. The use of accrued annual leave in accordance with is a right of the Australian Fair Pay and Conditions Standard (AFPCS). This clause should employee, subject to the right of the employer to approve when leave may be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCStaken.
C. Normally, the AFPCS shall take precedence supervisor or designee will reply to the extent of the inconsistencyrequest for leave in a timely fashion. The Employer shall provide Employees with employee will be responsible for ensuring that leave is recorded in their time and attendance record.
D. In the event of a copy of the AFPCS upon request. Employee’s are entitled to four weeks conflict in scheduling of annual leave per annum for full-time among employees, FERC EOD will govern when this accommodation can be without a major impact on the workload of the Commission. The approved leave schedule will not be changed by the Commission except in emergency situations and pro-rata for part-time status. Remuneration for any period after affected employees have been informed of the situation.
E. If while on annual leave shall an employee becomes ill or injured, upon employee request, the annual leave will be paid changed to sick leave for the time of incapacitation, provided the employee has adequate sick leave to cover the absence.
F. Depending on operational needs of the Commission, allowances will be made for employees who desire annual leave on or around religious and other holidays.
G. Employees and their supervisors are encouraged to coordinate the scheduling of "use or lose" annual leave during the leave year to avoid forfeiture of this type of leave at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% end of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer year.
H. Supervisors may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to grant advanced annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an The amount of annual leave credited that may be advanced is limited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than an employee would accrue in the Employee’s agreed rate remainder of pay the leave year. Employees do not have an entitlement to advanced annual leave and approval of advanced annual leave requests is at the time supervisor's discretion based on balancing the election needs of the employee against the needs of the work unit. Employees on formal leave requirements, or with a documented attendance problem, will not be eligible for advanced annual leave. In the event that the Commission knows, or reasonably expects that an employee intends to leave the agency, advanced leave will not be granted. In most cases, when an employee who is made. The maximum amount of indebted for advanced annual leave an Employee can forego during each 12 month period separates from the Federal service, he or she is required to repay the value of employment advanced annual leave for which he or she is 2 weeks for full-time status and pro-rata for part-time statusindebted.
Appears in 1 contract
Sources: Labor Management Agreement
Annual Leave. Employees, other than casuals, (a) Employees shall be entitled to combined vacation, personal, business and religious holiday leave of 20 days annually and shall be entitled to one additional day for each completed year of continuous service in the Unified Court System up to a maximum of 27 workdays annually. An employee shall not earn annual leave credit for any biweekly pay period unless he/she is in full pay status for at least seven workdays during such biweekly pay period. Annual leave shall be credited on a biweekly basis.
(b) A leave of absence without pay, or a resignation followed by re- employment in the Unified Court System within one year following such leave of absence or resignation, shall not constitute an interruption of continuous service for the purpose of this Section; provided, however, that leave without pay for more than six months or the period between resignation and re-employment, during which the employee is not in the service of the Unified Court System, shall not be counted in determining eligibility for additional annual leave credits under this Section.
(c) After the anniversary date on which an employee has been credited with seven days of additional annual leave credits, he/she shall thereafter earn annual leave for completed biweekly pay periods at a rate which will equal 27 days for 26 such pay periods.
(d) No accumulation of annual leave credits in excess of 54 days may be carried from one fiscal year to the next. Any such accumulation in excess of 54 days at the end of the fiscal year shall be converted into sick leave.
(e) The time at which annual leave may be drawn by an employee shall be subject to the prior approval of the District Administrative Judge or his/her designee. Notwithstanding the foregoing, employees shall be allowed to charge up to fourteen (14) hours of annual leave (prorated for employees working less than full time) for emergency circumstances, per calendar year. Such approval shall not be unreasonably withheld.
(f) As far as practicable, an employee shall be allowed to use annual leave credits prior to appointment, promotion, reassignment or transfer to a different court or court-related agency. In any event, the court or court-related agency to which an employee is appointed, promoted, reassigned or transferred shall credit him/her with all of his/her accumulated annual leave credits not used prior to such appointment, promotion, reassignment or transfer.
(g) Employees compensated on a part-time, per diem or hourly basis who are employed at least half-time and who are expected by the Administrative Director or his/her designee to be so employed continuously for nine months without a break in service exceeding one full payroll period, shall be eligible to observe holidays and to accrue pro rata annual leave and sick leave which shall be granted and shall be subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.
(h) An employee who has completed 25 years of Unified Court System or State service shall be entitled to one additional annual leave day each year.
(i) An employee who has completed 30 years of Unified Court System or State service shall be entitled to one additional annual leave day each year, in addition to the one additional annual leave day provided in Section 9.2(h).
(j) Employees entering the service of the Unified Court System shall be entitled to accrue annual leave from their initial date of hire. An employee shall not earn annual leave credit for any biweekly pay period unless he/she is in full pay status for at least seven workdays during such biweekly pay period.
(k) If an employee's written request for use of accrued leave credits is denied, the employee shall receive a written statement of the reasons for such denial.
(l) In the event the State determines that it will recess operations in a particular court or courts for at least four consecutive workdays, it may require employees during such recess to charge up to four days annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to each fiscal year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. EmployeesEmployees may access Annual Leave provisions as defined below at the end of each year of completed service paid in accordance with this Agreement. Annual Leave will be rostered to avoid peak periods and no leave can be taken during the period from the 1st of November to the 31st of January in any year/s. Annual Leave shall be exclusive of any statutory (public) holidays, other than casualswhich may occur during the period of Leave. Full Time Employees shall have a full entitlement. Part Time Employees shall have a pro rata entitlement. Casual Employees shall not have an entitlement to Annual Leave. The Employer shall give Employees at least two (2) weeks prior notice should the Employee be required to take Annual Leave. Employees requiring annual leave must make application to the Employer at least one (1) month ahead of their desire to avail of annual leave unless there are special or urgent circumstances as approved by the Employer. New Employees who do not qualify for Annual Leave due to their length of service, may request the Employer to advance a portion of their next years entitlement. Annual Leave advanced and taken reduces the amount of leave available in the next year. Annual Leave shall accrue at 11.7 hours for each four (4) weeks of continuous service. Full Time Employees shall be entitled to four (4) weeks (152 hours) annual leave based on seven point six (7.6) hours day paid at the relevant Loaded rate as detailed in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)Schedule 1. This clause should be read in conjunction with the AFPCS. If any part Employees who avail of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of approved annual leave shall be paid a annual leave loading at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater%. Annual leave is to entitlements must be taken at times approved by an Employee’s Managereach year with no more than 2 periods of leave each year. The Employer Annual Leave accrual shall not exceed four (4) weeks at any one time. Employees may require cash-out 50% of their annual leave to be taken when the Employer shuts down the business, or any part of the business entitlement at their written request in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment accordance with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusWorkplace Relations Act 1996.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. EmployeesFull-time, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay part-time and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s fixed-term management employees are entitled to four weeks of five (5) weeks’ (pro-rata) paid annual leave per annum for full-time and pro-rata for part-time statuseach 12 months of service (such leave accrues progressively). Remuneration for any period of In addition to their ordinary pay, an employee will be paid an annual leave shall be paid at the normal weekly rate plus the addition loading of a loading. This loading shall be 17.5% of their ordinary rate of pay. In addition, management employees will be granted paid leave for the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period days between Christmas and New Year’s Day. Unused annual No leave accumulates from year loading will apply for these days. Where there is a need for work to be undertaken during this period, management employees may work by mutual agreement and take this leave at another agreed time of the year, but . Annual leave shall be taken at a time mutually agreed by the Employer may require an Employee, employee and their manager. Each centre is to take annual leave when develop an annual leave credit plan, setting out the agreed annual leave arrangements for its staff. It is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee expected that employees will be prepared to take up part of their annual leave during quieter periods such as January. Applications for annual leave of more than one day must be made at least one month in advance, except where a shorter period is agreed. Leave is encouraged to one quarter be taken within twelve months of accrual, although annual leave may be deferred by mutual agreement, in writing, between employee and two levels of management. Where there is no agreement to defer leave and an employee accrues more than 8 weeks’ annual leave, management may require them to take two (2) weeks’ annual leave during the next six months. Upon termination, a management employee will be paid any accrued annual leave entitlement inclusive of the accumulated applicable leave loading. If a management employee is incapacitated for a period of at least one (1) working day during their annual leave, evidenced by a medical certificate, they may have these days counted as personal leave rather than annual leave creditand paid according to their personal leave credits. Upon Any days taken according to the termination Compassionate Leave (Bereavement Leave) clause of an Employee’s employment with the Employerthis agreement, Employee’s will during a period of annual leave, shall be entitled to a payment in lieu of any unused accrued entitlement to counted as Compassionate Leave rather than as annual leave. Annual Each year, with the consent of their line manager and Senior Manager / General Manager, a management employee can cash out up an amount of their annual leave loading shall not entitlement according to the following conditions:- • the employee must retain an entitlement of at least four weeks’ paid annual leave; • there is a separate agreement in writing on each occasion that leave is cashed out; • that any agreement to cash out annual leave must state the amount of leave to be payable for cashed out, the payment of to be made, and the date in which the payment will be made; • that an agreement to cash out annual leave upon termination with an employee who is under 18 years of employmentage must be signed by both them and their parent or guardian as well (otherwise, just RAV and the employee); and • the maximum amount of leave an employee can cash out in any one 12-month period (for example, under the SCHADS, an employee can only cash out a maximum of 2 weeks annual leave in every 12-months). An Employee may elect • RAV must not exert undue influence or undue pressure on an employee to forego an entitlement agree to take cash out an amount of annual leave credited to leave. • the Employee by way of a written request to employee must be paid at least the Employer. Where such a request is made and approved by full amount that would have been payable had the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than been taken. • the Employee’s agreed rate of pay at employee must submit the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusrequest in writing to their manager.
Appears in 1 contract
Sources: Managers’ Enterprise Agreement (Mea)
Annual Leave. Employees, other than casuals, Employees shall be entitled to four weeks’ leave per year, the annual leave in accordance with entitlement being due one year, less the Australian Fair Pay and Conditions Standard period of leave, after the annual leave entitlement became due. Payment for leave so prescribed shall be at ordinary rates (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of including permanent shift allowance) plus twenty per cent.
(a) Annual leave under this clause shall be given and taken within a period not exceeding six months from the date upon which the right to such leave occurred; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months. Nothing in this paragraph shall prevent the employer from allowing annual leave to an employee before the right thereto has accrued, but where such leave is found taken before the right thereto has accrued, further leave shall not commence to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent accrue until after expiration of the inconsistency. The Employer shall provide Employees with a copy twelve months in respect of the AFPCS upon request. Employee’s are entitled to four weeks of which such annual leave per annum has been taken.
(b) Any employee whose employment is terminated by the Company through no fault of his/her own and any employee who leaves his/her employment, shall be paid for full-time and pro-rata for part-time status. Remuneration for any the proportionate period of annual leave to which he/she would have been entitled if his/her employment had not been so terminated.
(c) The annual leave provided for by this clause shall be given and shall be taken and payment shall not be made or accepted in lieu of annual leave.
(d) Service with the Company before the date of coming into force of this Agreement shall count as service for the purpose of the current qualifying twelve-monthly period under this clause.
(e) The annual leave loading shall be paid at on proportionate leave termination.
(f) Where the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate plant or the normal shift loading that would be applicable, which ever part thereof is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts closed down the businessfor maintenance purposes, or any part of over the business in which an employee works. This Christmas period, affected employees may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, be required to take annual leave when an leave. The Company shall give as much notice of such close downs as possible. Employees who are not entitled to a full annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation may be paid leave on a proportionate basis or be stood down for the Employer may direct the Employee to take up to one quarter duration of the accumulated annual leave creditshut down. Upon the termination of an Employee’s employment with the Employer, Employee’s will Such a stand down shall be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable counted as service for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu all purposes of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusAgreement.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. EmployeesCall Back Economy Severance (only on repatriation) Leave Court Duty Meal and Break Posting of Schedules Posting of Vacancies Shift Differential Statutory Holiday Technological Change Temporary Assignment . Transfer Turn Around Work Week, other than casuals, Days-Off and Overtime Letter of Agreement Out-of-Country Work * Indicates they have separate provisions. Memorandum of Agreement Unit One Article T TRANSFER. The Corporation shall not permanently transfer an employee from one location to another against the employee’s wishes without good and sufficient reasons. The Corporation shall not use the provisions of this Article in a capricious manner. The Corporation shall make every reasonable effort to avoid transferring an employee against his/her wishes. An employee subject to a transfer against his or her wishes shall be entitled to: full discussion; the reasons, in writing, for the transfer. If an employee feels a transfer is contrary to annual leave the provisions of Article 1 the employee has the right of appeal under the following procedure. The grievance shall be filed within two calendar weeks of receipt of written notice that the employee shall be transferred. The grievance shall be dealt with at the National level at the earliest possible time. If the grievance is not settled at the National level within two calendar weeks ‘of being filed, the grievance shall be referred to arbitration. Unless otherwise mutually agreed, the parties shall appoint a single arbitrator within fifteen days of the grievance being referred to arbitration; the arbitrator shall be required to arrange to hear the grievance within five days and render a decision within fifteen days of the hearing conclusion. The transfer shall be suspended pending the outcome of the above procedure, although the employee may be sent on assignment to the new location should the need arise. The remaining arbitration provisions as outlined in Article (Grievance Procedure) shall apply to the expeditious procedures described above. An employee whose job is moved to another geographic location shall have the right to move with the job. If the employee refuses to move, he/she will be reassigned to an appropriate and available position. If no position is found, the employee will be laid-off and given rights in accordance with the Australian Fair Pay and Conditions Standard (AFPCSclause Rights). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees30.1 Annual leave for all staff, including RNs and ENs Quantity and Accrual Annual leave on full pay will accrue on a proportionate basis throughout the anniversary year so that by the end of the twelve-month period the following totals have been granted by the employer:
(i) Full-time non-nursing employees other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to shift workers – four weeks of weeks’ annual leave per annum for fullanniversary year
(ii) Full-time and pronon-rata for partnursing shift workers – five weeks’ annual leave
(iii) Part-time statusnon-nursing employees other than shift workers – four weeks’ annual leave on a pro rata basis
(iv) Part-time non-nursing shift workers – five weeks’ annual leave on a pro rata basis
(v) Full-time nursing employees other than shift workers – five weeks’ annual leave per anniversary year
(vi) Full-time nursing shift workers – six weeks’ annual leave per anniversary year
(vii) Part-time nursing employees other than shift workers – five weeks’ annual leave on a pro rata basis
(viii) Part-time nursing shift workers – six weeks’ annual leave on a pro rata basis
30.2 For the purposes of the NES, a non-nursing shift worker is defined as: • an employee who is not a day worker as defined; and/or • an employee who works for more than four ordinary hours on 10 or more weekends. Remuneration For the purpose of the above subclause, a “weekend” means work performed in ordinary time on a Saturday and/or a Sunday in any one calendar week.
30.3 For the purposes of the NES, a nursing shift worker is defined as: • an employee who is regularly rostered over 7 days of the week; and • regularly works on weekends. For the purpose of the above subclause, a “weekend” means work performed in ordinary time on a Saturday and/or a Sunday in any one calendar week.
30.4 Access and taking of leave for all staff, whether clinical, non-clinical or care staff.
(i) The employee shall give each employer where practicable, two months’ notice of the date upon which they shall enter upon leave and, in any event, such notice shall not be less than one month. Notwithstanding, annual leave requested for peak periods such as Christmas/New Year, School Holidays and other such breaks, may require a period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading notice greater than that would be applicable, which ever is greater. stated within this subclause.
30.5 Annual leave is loading
(i) In addition to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the businesstheir base rate of pay, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter loading of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable 17.5% for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave taken shall apply.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees12.1 Annual leave will generally be in accordance with the provisions of the NSW Annual Holidays Act, other 1944. Annual leave entitlements will be approved on the basis that an employee may apply for no more than casuals5 single day absences during the year with the balance of annual leave being approved in single periods of no less than 5 consecutive day segments.
12.2 Motorway Attendant And Six-day Shift Workers Subject to subclause 12.1 above, annual leave shall be taken in accordance with the Annual Holidays Act, 1944.
12.3 Seven-day Shift Workers
(a) In addition to the leave prescribed by the Annual Holidays Act 1944, a further period of seven consecutive days' leave, with thirty eight hours pay at ordinary rates, shall be allowed annually to full- time employees after not less than twelve months' continuous service as seven-day shift workers under this Agreement.
(b) An employee with twelve months' continuous service who is employed for part of the twelve monthly period as a seven day shift worker under this Agreement shall be entitled to have the leave prescribed by the Annual Holidays Act 1944, increased by a half day for each month the employee is continuously employed as aforesaid.
(c) Where the additional leave is calculated under paragraph (b) of this subclause or includes a fraction of a day, such day shall not form part of the leave period and any such fraction shall be discharged by payment only.
(d) Annual leave under this subclause shall be given and taken within a period not exceeding six months from the date upon which the right to such have accrued; provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in accordance with cases where circumstances render it impracticable to give or take it within the Australian Fair Pay and Conditions Standard (AFPCS)said period of six months. This clause should be read Nothing in conjunction with this paragraph shall prevent the AFPCS. If any part of this clause employer from allowing annual leave to an employee before the right thereto has accrued, but where such leave is found taken before the right thereto has accrued further leave shall not commence to be inconsistent with accrue until after the AFPCS, the AFPCS shall take precedence to the extent expiration of the inconsistency. The Employer shall provide Employees with a copy twelve months in respect of the AFPCS upon request. Employee’s are entitled to four weeks of which such annual leave per annum has been taken.
(e) Any employee whose employment is terminated by the employer through no fault of his own and any employee who leaves his employment shall be paid for full-time and pro-rata for part-time status. Remuneration for any the proportionate period of annual leave to which he would have been entitled if his employment had not been so terminated.
(f) The annual leave provided for by this subclause shall be paid at the normal weekly rate plus the addition of a loading. This loading given and shall be 17.5% taken and except as provided in paragraphs (c) and (e), of the normal weekly rate this subclause, payment shall not be made or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment accepted in lieu of any unused accrued entitlement to annual leave. Annual leave loading .
(g) Service with the employer before the date of coming into force of this Agreement shall not be payable count as service for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu purpose of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month current qualifying twelve-monthly period of employment is 2 weeks for full-time status and pro-rata for part-time statusunder this clause.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employeesa) Annual leave of absence consisting of 4 weeks at the agreement rate of pay as detailed in Clause 7, other than casualsRates of Pay, exclusive of Christmas Day and Good Friday, shall be entitled granted to an employee, after each 12 months service and, except as provided for in sub-clause (b) of this clause, shall be taken on its due date or as soon as is mutually convenient thereafter to The Oasis Management and the employee.
b) The Oasis Management may direct an employee to take Annual Leave by giving at least four weeks prior notification in the following circumstances:
i) where the employee has accumulated in excess of eight weeks Annual Leave
ii) a period of annual close-down of up to and including 4 weeks. Provided that:
1. Where an employee has accrued more Annual Leave than the period of the annual close down, the balance of such leave shall be taken in accordance with sub-clause
(a) of this clause.
2. In the Australian Fair Pay case of employees who are not entitled to Annual Leave or do not have an entitlement sufficient to cover the period of the close-down, The Oasis Management shall endeavour to provide meaningful duties as are within the limits of the employee's skill, competence and Conditions Standard (AFPCS). This clause should be read in conjunction with training for the AFPCS. If any whole or part of this clause the close- down.
3. In the event that meaningful duties are not available the employee may be directed to take Leave Without Pay, or by agreement with The Oasis Management, may take Annual Leave in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such Annual Leave shall be repaid by a deduction from the employee's termination pay.
4. In the event that Leave Without Pay is found directed to be inconsistent with taken, such leave shall be regarded as service for the AFPCSpurpose of the accrual of Long Service Leave, Sick Leave and Annual Leave.
c) The Oasis shall pay each employee before the commencement of the employee's Annual Leave.
d) On resignation or termination of employment, The Oasis shall pay to the employee any accrued Annual Leave. In addition, the AFPCS employee shall take precedence be paid Annual Leave on a proportionate basis being equal to one twelfth of the employee's ordinary weekly rate of pay for each completed week of service. The amount payable shall be calculated according to the extent agreement rate of pay as detailed in Clause 7, Rates of Pay applicable at the inconsistencydate of termination of service. The Employer Provided that the employee shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four not receive payment for more than 4 weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration Annual Leave for any period of annual leave 12 months.
e) Where an employee receives a varying rate of pay for 6 months in the aggregate in the preceding 12 month period, the employee's ordinary rate of pay shall be paid at deemed to be the normal average weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example pay earned during the period between Christmas and New Year. Unused annual leave accumulates from year actually worked over the 12 months immediately preceding the Annual Leave or the right to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In payment under this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusclause.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, (a) Full time employees accrue the equivalent of four weeks paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Annual leave is credited for each completed four week period.
(b) Annual leave shall be entitled to annual leave given and taken in accordance with the Australian Fair Pay following rules:
(i) Annual holiday shall be given and Conditions Standard taken either in one consecutive period or two periods which shall be of three weeks and one week respectively, or if the employee and the Company so agree, three or more separate periods.
(AFPCS). This clause should ii) If the employee and the Company agree, leave may be read taken wholly or partly in conjunction with advance of the AFPCSentitlement being credited to the employee. If any part the employee is given leave in advance, that employee shall: A not be entitled to further leave until the amount that is credited to the employee equates to the amount of this clause is found leave given in advance and the further amount of leave to be inconsistent with taken; B repay on termination of employment any amount of pay for leave given in advance or permit the AFPCSCompany to deduct that amount from any amount otherwise owing to the employee on termination.
(iii) Where the Company requires an employee to take any annual leave credited to him or her, the AFPCS Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required to be taken.
(iv) In order to allow the temporary closure of part or all of one of the Company’s establishments the Company may require the employee to take precedence annual leave of up to 4 weeks, including to take leave in advance, in which case the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Where an employee has been directed to take leave in advance in this circumstance, the employee cannot be required to repay that period on termination.
(v) Subject to the extent foregoing, on termination of employment, an amount equivalent to the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration pay for any period of untaken annual leave shall be paid at to the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s employee.
(c) Non-salaried employees will be entitled to an annual leave loading equivalent to seventeen and one-half per centum (17½%) of the ordinary rate of pay for the employee eligible for leave multiplied by the number of hours of eligible accrued leave approved to be taken.
(d) Once in any 12 month period, an employee may elect in writing to forgo up to 2 weeks of accrued annual leave, and receive a monetary payment in lieu of any unused equal to the amount the employee would have received had the employee taken the accrued entitlement to annual leave. The employee’s accrued annual leave will be reduced by the amount of leave that has been paid out.
(e) Annual leave loading of 17.5% shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an paid on any amount of annual leave credited cashed out under this provision, but only where an employee would have been entitled to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusthat loading had they taken leave.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. Employees, other than casuals, (a) Annual Leave Does Not Apply to Casuals
(b) A period of four weeks (152 hours) paid leave will be allowed annually to full-time employees. Annual leave will accrue per month. Part-time employees shall be entitled to annual leave in accordance with on a pro-rata basis. Part- time employees’ annual leave shall be based on the Australian Fair Pay and Conditions Standard ordinary hours worked during the previous month inclusive of any hours worked as additional hours under clause 9(d).
(AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. c) The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks taking of annual leave per annum will be by mutual agreement, within a period not exceeding twelve months from the date it becomes due. A period of four weeks (152 hours) notice shall apply for full-the taking of annual leave that has become due or accrued. Under no circumstances shall an employee forfeit their annual leave entitlement. If the employee has extensive accumulated annual leave (i.e. 8 weeks) the Company may require the employee to take 25% of his or her accumulated annual leave at any one time by giving the employee 4 weeks’ notice.
(d) Annual leave may be taken in single days at the request of an employee, but subject to the Company’s operational requirements.
(e) Annual leave shall be taken at a time mutually agreed upon by ▇▇▇ ▇▇▇▇▇▇’▇ and pro-rata the employee and can be taken in either a continuous period or in separate periods.
(f) If the employee and ▇▇▇ ▇▇▇▇▇▇’▇ agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.
(g) An employee before going on accrued annual leave, will be paid the amount of wages they would have received in respect of the period of annual leave had they been working plus a loading of 17.5% on the ordinary time rate of pay.
(h) Payment will not be made in lieu of annual leave.
(i) Where any public holiday, for part-time status. Remuneration for which the employee is entitled to payment under this Agreement occurs during any period of annual leave taken by an employee under this clause, the period of the leave shall be increased by one day in respect of that public holiday.
(j) An employee’s accrued but un-taken annual leave entitlement shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave out upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee Payment will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusinclude 17.5% loading.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees,
9.1.1 Employees (other than casuals, shall Casual Employees) are entitled to 4 weeks annual leave per year per the NES.
9.1.2 Employees (other than Casual Employees) will instead be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four 5 weeks of annual leave per annum for fullyear per the NES if they are classed as a shift worker. Shift worker means a Continuous Shiftworker as defined in this Agreement.
9.1.3 Part-time and Employees are entitled to the pro-rata equivalent of annual leave.
9.1.4 Payment for part-time status. Remuneration for any period of annual leave shall be paid made at the normal weekly rate plus applicable Ordinary Hourly Rate of pay for the addition Employee's Ordinary Hours of a work in the period (which includes annual leave loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. ).
9.1.5 Annual leave is accrues progressively during each year of service according to be taken at times approved by an the Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part 's Ordinary Hours of the business in which an employee works. This may occur for example during the period between Christmas work and New Year. Unused annual leave accumulates from year to year.
9.1.6 For each completed year of continuous service, a Continuous Shiftworker shall be entitled up to an additional week of annual leave. This entitlement shall accrue on a pro-rata basis for each completed week of continuous shift duty work during any anniversary year.
9.1.7 Annual leave may be taken at any time:
a) by agreement between an Employee and the Company;
b) subject to clause 9.1.8; and
c) subject to accrued annual leave of the Employee and the operational requirements of the Company, but the Employer Company shall not unreasonably refuse or revoke an authorisation for annual leave.
9.1.8 Annual leave may be taken in the following ways:
a) at a time, and for a period, fixed by the Company where there is an annual close down or part of the Company closes down;
b) at a time authorised by the Company provided that the Employee seeks the agreement of the Company before commencing the period of annual leave;
c) where an Employee has accrued in excess of 8 weeks’ annual leave, the Company may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon at a time and for a period fixed by the termination of an Company, provided that:
i. it would not result in the Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements are taken into account; and
ii. the Employee is not required to take any period of paid annual leave of less than one week; and
iii. the Employee is not required to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given.
9.1.9 If a public holiday occurs during a period of annual leave. Annual leave loading shall , the Employee is taken not to be payable for the payment of on paid annual leave upon termination on that public holiday.
9.1.10 Where another type of employment. An Employee may elect to forego an entitlement to take an amount leave (apart from unpaid parental leave) falls during a period of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the EmployerAnnual Leave, the Employee will receive a payment in lieu be taken to be on that type of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusinstead.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, (i) Annual Leave shall be entitled granted on completion of each 12 months' service. Day Workers or shift workers (as defined in clause 3, Definitions) will accrue 152 hours annual leave at their ordinary rate of pay.
(a) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued, provided that the giving and taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six months.
(b) Annual leave shall be granted on a rotating roster basis, provided that such rotation complies with paragraph (a) of this sub-clause.
(c) An employee shall be eligible for annual leave when 12 months have elapsed since the date on which the last 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 the employment.
(d) Nothing in accordance this subclause shall prevent the employer, by agreement with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSemployee, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of from allowing annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any to an employee before the right thereto has accrued, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph shall not exceed the amount of proportionate annual leave standing to the credit of the employee at the time of entering upon such leave.
(e) At least six months notice shall be given to employees of the date on which they shall take their annual leave. Where an employee has been notified that he or she is to take his or her normal leave at a specified time and that time is thereafter altered by the employer, the employee shall be reimbursed any actual losses which result to him or her to the extent to which deposits paid for travel and/or accommodation are not refunded.
(f) Employees may exchange/split annual leave by mutual arrangements with the approval of the employer, provided that such exchange complies with paragraph (a) of this sub-clause.
(iii) At an employee’s written request, an employee before going on annual leave may (in lieu of being paid in the ordinary cycle of remuneration payments) elect to be paid for the period of the leave at the normal weekly ordinary rate plus the addition of a loading. This loading wage to which he or she is entitled under this award and such payment shall be 17.5% made before the employee commences annual leave. Any costs thereof will be borne by the employee.
(iv) Where the employment of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during is terminated the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will employee shall be entitled to receive a proportionate payment in lieu respect of any unused accrued entitlement service of less than one year, at the weekly wage to annual leave. Annual leave loading shall not be payable which such employee is entitled under this award.
(v) Excepting for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employerarrangements set out in this clause, the Employee Annual Leave ▇▇▇ ▇▇▇▇ (NSW) will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusapply.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, An Employee (other than casuals, shall a casual Employee) will be entitled to paid annual leave in accordance with of 4 weeks (for each 12-month period of continuous service) at their Wage Rate at the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with time the AFPCS. If any part leave is taken, based on their ordinary hours of this clause is found to be inconsistent with work for the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate taken, plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what loading of 17.5%. For the period, if any, that an Employee would ordinarily accrue over two years. In is engaged as a Continuous Shift Worker as defined by this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the EmployerAgreement, Employee’s they will be entitled to a payment in lieu pro-rata accrual of any unused accrued entitlement to 5 weeks (maximum) of paid annual leaveleave for each 12-month period of continuous service. Annual leave accrues and will be credited on a pro-rata basis at the end of each week of continuous service. An Employee who would have received shift loadings prescribed by this Agreement had they not been on annual leave, will forgo the annual leave loading shall not in clause 7(a) above, and will instead be payable for entitled to the payment higher shift loadings. The annual leave loading prescribed in clause 7(a), will apply to accrued but untaken annual leave on lawful termination. The period of annual leave upon termination will be exclusive of employmentany public holiday or scheduled RDOs that occur during the period. An The Company may direct Employee(s) to take accrued annual leave on one month’s notice. The Company will generally close down the Project for one or more weeks over the Christmas – New Year period. In these cases, Employee(s) will generally be required to ensure that they have sufficient annual leave remaining to enable them to take leave for the period of the close down. In the event that they do not have sufficient annual leave or RDO accruals, the Employee may elect to forego an entitlement be required to take an amount leave without pay for such period, or a combination of annual leave, RDOs, and leave without pay. Unless otherwise agreed, one month’s notice of the start of annual leave credited will be given by Employee(s). Annual leave may be taken in any combination of days or weeks agreed between the Company and the Employee. The Company encourages Employees taking at least 2 weeks’ annual leave each year. The Company may require an Employee to take annual leave if the Employee has accumulated annual leave in excess of 8 weeks (or, in the case of a Shift Worker, 10 weeks), subject to consultation with the Employee, and the Employee still maintaining an annual leave balance of at least 6 weeks. An Employee(s) going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Company before the leave is taken. Where an Employee has exhausted annual leave entitlements, leave without pay may be considered by the Company and approval of such leave will be at the Company’s sole discretion. In circumstances where an Employee(s) has used all types of leave accruals (for example; annual leave, sick leave, RDO etc.), the Employee must make a formal request in writing providing a valid reason for such a request. If leave without pay is granted to the Employee by way of a written request to the Employer. Where such a request is made and approved by the EmployerEmployee, the Employee will receive a payment in lieu not accrue any entitlements for the duration of the amount leave without pay. Also, this period of annual leave at a rate no less than without pay will not count towards the Employee’s agreed rate of pay at continuous service with the time Company but it will not break the election is madeEmployee’s continuous service with the Company. The maximum amount of Accrued, but untaken, annual leave an Employee can forego during each 12 month period is paid out on termination of employment is 2 weeks for full-time status and pro-rata for part-time statusemployment.
Appears in 1 contract
Sources: Greenfields Agreement
Annual Leave. (a) Employee’s (excluding casual Employees, other than casuals, shall ) entitlement to leave Employees will be entitled to four weeks annual leave in respect of any 12 months service with the Employer. A shiftworker (as defined herein) will be entitled to five weeks annual leave for each 12 months service with the Employer. A shift worker for the purposes of the NES and this clause is an Employee who: works for more than four ordinary hours on 10 or more weekends during the yearly period in respect of which their annual leave accrues and is entitled to an additional week’s annual leave on the same terms and conditions. Counter Leave In addition to the annual leave entitlement set out at subclause (a)(i), full-time and part-time Employees: covered by the CatholicCare (Diocese of Maitland-Newcastle) Aged Care Enterprise Agreement 2008-2009 prior to this Agreement coming into operation as listed in Appendix 2; and who are rostered to work their ordinary hours on Sundays and/or public holidays during each 12-month period of continuous service; will be entitled to receive additional paid annual leave as follows: Sunday and/ or PH shifts Full-time Employee Additional Leave entitlement Part-time Employee Additional Leave entitlement 4 -10 shifts 1 day 0.2 weeks 11 -17 shifts 2 days 0.4 weeks 18 - 24 shifts 3 days 0.6 weeks 25 - 31 shifts 4 days 0.8 weeks 32 or more shifts 5 days 1 week Provided that any entitlement to additional annual leave for Employees set out above at (iii)(1)(A) will be in accordance with either: subclause (a)(iii)(1); or subclause (a)(ii); whichever gives the greater entitlement. Annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work and accumulates from year to year.
(b) Employee taken to not be on paid annual leave at certain times If the period during which an Employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, the Employee is taken not to be on paid annual leave on that public holiday. Where other periods of leave occur (other than unpaid parental leave), or a period of absence from employment for community service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence. Where such absence is a personal leave absence the Employee will be required to supply a medical certificate to the Employer for the period of absence.
(c) Effect of termination on annual leave On the termination of their employment, an Employee will be paid for their accrued, untaken annual leave.
(d) Payment for 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. In addition to their ordinary pay, the Employee will be paid an annual leave loading of 17.5% of their ordinary pay. Shiftworkers, in addition to their ordinary pay, will be paid the higher of: an annual leave loading of 17.5% of their ordinary rate of pay; or the weekend and shift penalties the Employee would have received had they not been on leave during the relevant period.
(e) Time of taking leave Paid annual leave may be taken for a period agreed between an Employee and the Employer. The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave. Notwithstanding the provisions of this clause (e)(i), the Employer may direct an Employee to take a period of annual leave in accordance with the Australian Fair Pay and Conditions Standard clause (AFPCSe)(ii). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual Annual leave shall be given at a time fixed by the Employer after an Employee has accrued more than 8 weeks paid annual leave (or 10 weeks paid leave for a shiftworker – as defined at clause 25(a)(ii)) and after not less than eight weeks’ and not more than 12 months’ notice to the normal weekly rate plus employee, provided: the addition Employee will first be given a reasonable opportunity to submit a plan to reduce their total annual leave accrued balance to not more than six weeks within a period of a loading. This loading shall be 17.5% six months (leave reduction plan); the Employer will not unreasonably refuse to agree to an Employee’s annual leave reduction plan which includes saving leave for an extended vacation within 12 months of the normal weekly rate or date of agreement to the normal shift loading that would be applicable, which ever is greaterleave reduction plan. Annual leave The agreement is to be taken at times approved in writing and signed by an Employee’s Manager. The Employer may require annual leave to be taken when both the Employer shuts down and Employee. the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, Employee cannot be directed to take annual leave when an annual leave credit is greater than what an Employee where such direction would ordinarily accrue over two years. In this situation the Employer may direct result in the Employee being directed to take up reduce the accrued leave to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment less than 6 weeks.
(f) Pay in lieu of any unused an amount of annual leave The Employer and Employee will enter into a separate written agreement for each cashing out of a particular amount of annual leave, subject to the following: Paid annual leave must not be cashed out if the cashing out would result in the Employee’s remaining accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination of employment. An being less than 4 weeks; and Where an Employee may elect to forego forgoes an entitlement to take an amount of annual leave credited to leave, the Employer will pay the Employee by way the amount of a written request to the Employer. Where such a request is made and approved by the Employer, pay that the Employee will is entitled to receive a payment in lieu of the amount of annual leave, plus leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount loading that would otherwise have been payable.
(g) Payment of annual leave on termination On the termination of their employment, an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and will be paid their untaken or pro-rata for part-time statusannual leave. If, when the employment of an Employee ends, the Employee has a period of untaken paid annual leave, the Employer will pay the Employee the amount that would have been payable to the Employee had the employee taken that period of leave.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by a minimum period of one half- (½) day.
i. Annual leave of absence consisting of 4 weeks at the ordinary rate of pay, exclusive of public holidays observed on working days shall be granted to an Employee’s Manageremployee, after each 12 months service and, except as provided for in sub-clause (ii) of this clause, shall be taken on its due date or as soon as is mutually convenient thereafter to council and the employee.
ii. The Employer Council may require direct an employee to take annual leave to be taken when by giving at least four weeks prior notification in the Employer shuts following circumstances:-
a) Where the employee has accumulated in excess of eight weeks annual leave.
b) A period of annual close-down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused Provided that:-
1) Where an employee has accrued more annual leave accumulates from year than the period of the annual close down, the balance of such leave shall be taken in accordance with subclause (i) of this clause.
2) In the case of employees who are not entitled to yearannual leave or do not have an entitlement sufficient to cover the period of the closedown, but council shall endeavour to provide meaningful duties as are within the Employer limits of the employee's skill, competence and training for the whole or part of the close-down.
3) In the event that meaningful duties are not available the employee may require an Employeebe directed to take leave without pay, to or by agreement with council may take annual leave when an in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such annual leave credit shall be repaid by a deduction from the employee's termination pay.
4) In the event that leave without pay is greater than what an Employee would ordinarily accrue over two years. In this situation directed to be taken, such leave shall be regarded as service for the Employer may direct the Employee to take up to one quarter purpose of the accumulated accrual of long service leave, sick leave and annual leave.
iii. Payment to an employee proceeding on annual leave creditshall be made by council at the employee’s ordinary rate of pay for the period of annual leave either before the commencement of the employee’s annual leave, or by agreement through the usual pay periods.
iv. Upon the On resignation or termination of employment, the council shall pay to the employee:-
a) Their ordinary rate of pay for all untaken leave credited for completed years of service.
b) For an Employeeincomplete year, one twelfth of their ordinary rate of pay multiplied by the number of completed weeks of service in that year. Provided that the employee shall not receive payment for more than four weeks annual leave for any period of twelve months.
v. Where an employee receives a varying rate of pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary rate of pay shall be deemed to be the average weekly rate of pay earned during the period actually worked over the 12 months immediately preceding the annual leave or the right to payment under this clause.
vi. Employees may make application to cash in annual leave entitlements in the following circumstances:
(a) paid annual leave must not be cashed out if the cashing out would result in the employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused remaining accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination being less than 4 weeks; and
(b) each cashing out of employment. An Employee may elect to forego an entitlement to take an a particular amount of paid annual leave credited to must be by a separate agreement in writing between council and the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusemployee.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees(a) Except as hereinafter provided all weekly employees, other than casualsafter each 12 months' continuous service with the Employer, shall be granted four weeks leave on full pay.
(b) An employee whose services are terminated for any cause whatsoever, or who leaves their employment in a qualifying period for annual leave, shall be entitled to the cash equivalent of such leave in respect of the period worked in the proportion which that period bears to a year.
(c) The annual leave shall be given and taken in accordance with one continuous period or, if the Australian Fair Pay employee and Conditions Standard the employer so agree, in two or more separate periods.
(AFPCS). This clause should be read d) Annual leave in conjunction with the AFPCS. If any part advance
(i) The employer may grant to an employee their annual leave or, subject to subclause (c) of this clause is found to be inconsistent with clause, a part thereof before the AFPCS, the AFPCS shall take precedence right to the extent of leave has fully accrued due, but where the inconsistency. The Employer shall provide Employees with leave or part thereof is so taken, a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the leave or part leave was granted in advance.
(ii) Where the annual leave or part thereof has been granted to an employee pursuant to this sub clause before the right to the leave has accrued due; and The employee subsequently leaves or is discharged before completing the twelve months continuous service in respect of which the leave or part leave was granted; and The sum paid by the employer to the employee for the leave or part leave taken in advance exceeds the sum which the employer is required to pay the employee under paragraph (b) of this clause the employer shall not be liable to make any payments to the employee and shall be entitled to deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by these conditions of employment from any remuneration payable to the employee upon termination of the employment.
(e) An employee before going on annual leave shall be paid therefore at the normal weekly rate plus at which they were ordinarily employed prior to the addition commencement of the leave. Provided that an employee whose services are terminated (either by himself or by his employer) after having accrued a loading. This loading full years' entitlement of annual leave shall receive the above payments in respect of that entitlement; provided further that pro-rata payments in lieu of annual leave on termination of employment shall be 17.5% paid for at the employee's normal rate of pay.
(f) Subject to this subclause the annual leave prescribed by this clause shall be exclusive of any of the normal weekly rate or holidays prescribed by these conditions of employment. If any such holiday falls within an employee's period of annual leave and is observed on a day which, in the normal shift loading case of that employee, would have been an ordinary working day, there shall be applicableadded to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Where a holiday falls as aforesaid and the employee fails, which ever is greater. Annual leave is without reasonable cause proof whereof shall be upon him, to attend for work at his ordinary starting time on the working day immediately following the last day of the period of his annual leave, he shall not be entitled to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or paid for any part such holiday.
(g) Any time in respect of the business in which an employee works. This may occur is absent from work except time for example during which the period between Christmas and New Year. Unused employee is entitled to claim sick pay or time spent on holidays or annual leave accumulates from year to year, but as prescribed by this Clause shall not count for the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation purpose of determining the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employeeemployee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement right to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Workplace Agreement
Annual Leave. (a) Office Based Public Service Employees
1. It is the responsibility of each employee to ensure that prior approval is obtained before proceeding on leave. Proceeding on leave without prior approval will be deemed to be unauthorized and covered by the granting of leave without pay apart from any disciplinary action that may be instituted.
2. This category of employees will accrue 22 working days leave with full pay per annual leave cycle i.e. from 1 January to 31 December of each year except for employees appointed after 1 January of each year and casual employees. An employee’s pro-rata annual leave entitlement will only be in respect of the full calendar month that the employee served in that year. For example, other than casuals, shall an employee appointed on 12 March will only be entitled to pro rata leave with effect from 1 April. After completion of 10 year uninterrupted service, the leave entitlement will increase to 26 working days with full pay per annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)cycle.
3. This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSFor every 15 consecutive days’ leave taken without pay, the AFPCS employee’s annual leave entitlement shall take precedence to be reduced by one- twelfth. In this regard it must be noted that the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks reduction is in respect of annual leave per annum entitlement and not in respect of a month’s entitlement. It follows therefore that if an employee is on unpaid leave from 19 March 2001 to 2 April 2001 (15 days) the employee’s leave entitlement must be reduced by one-twelfth.
4. The contract in respect of temporary employees must make provision for full-time and pro-leave entitlement that are in line with the provisions of the leave directives. It should, however, be noted that temporary employees’ leave entitlements should be calculated on a pro rata for part-time statusbasis.
5. Remuneration for any period of At least 10 working days must be taken as leave days during the annual leave cycle and this is a compulsory requirement. Annual leave should, as far as possible, be taken as consecutive working days.
6. The remaining leave days, if any, must be taken by no later than 6 months after the expiry of the relevant leave cycle (30 June of the year following the leave cycle), where after, unused leave credits shall be forfeited.
7. It is the responsibility of the supervisor to ensure that all employees under his/ her control utilize their leave entitlement in terms of the annual leave measures prescribed herein.
8. The supervisor shall not unreasonably refuse to grant leave to supervisees who apply for leave and in this regard it must be noted that it is not the intention of the Department to pay out any leave days whatsoever and that all attempts must be made to grant leave applied for in term of the entitlement. The refusal of leave must be based only on service delivery requirements.
9. In instances where the supervisor is unable to grant the leave applied for due to service delivery requirements, the supervisor after consultation with the supervisee must endeavor to reschedule his/her leave taking within the prescribed 18-month period and this must be conveyed to the supervisee in writing by the supervisor.
10. In instances where it is not possible to reschedule or grant the leave within the prescribed 18-month period, the supervisor must submit the application together with reasons substantiating the refusal of the leave to the Head of Department or his/her delegate for a decision. Should it be decided that the leave cannot be granted, such a decision together with reasons must be conveyed in writing to the supervisee concerned.
11. If, due to the employer’s service delivery requirements an employee’s application for leave is denied and not rescheduled, such leave will upon request, be paid out to the employee at the end of the prescribed 18-month period. The employee’s requests for payment of unused leave credits must be:
(a) in writing; and
(b) accompanied by written proof of refusal of leave by the Head of Department or his/her delegate.
12. The cash value in respect of unused annual leave credits shall be payable at termination of service. For purposes of leave payouts, employees shall be paid a maximum of 22 days.
13. Heads of Department must, at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% end of the normal weekly rate or relevant 18 month’s period, report to the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when relevant legislature on the Employer shuts down the business, or any part number of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to employees denied annual leave. Annual leave loading shall not be payable , reasons for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made denial and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuspaid in this regard.
Appears in 1 contract
Sources: Leave Policy
Annual Leave. Employees, other than casuals, a) The City shall be entitled to provide annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found benefits to be inconsistent with the AFPCS, the AFPCS Association employees as follows:
i. Full-time regular Association employees shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of accrue annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any each biweekly period upon years of annual leave shall be paid at service as set forth in the normal weekly rate plus following table: For 24 Hour Shift Employees Only: Greater than 10 20.23 1051.89 Greater than 15 20.79 1081.08
b) The City Manager may waive the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an maximum amount of annual leave credited authorized to be carried forward under extraordinary circumstances, subject to such conditions as the Employee City Manager may deem appropriate.
c) Except as provided in section 12(b) above, if an Association employee accrues the maximum level of annual leave, such employee shall no longer be, entitled to accrue additional annual leave, until such time as the employee's accrued annual leave is below the applicable maximum.
d) An Association employee may redeem accrued annual leave for cash once during each calendar year by way of submitting a written request to the EmployerDirector of Human Resources during the month of July or December according to the following table. Where such a request is The payment shall be made and approved by based upon the Employeremployee's base rate of pay. Greater than 5 40 hours Greater than 10 80 hours Greater than 15 120 hours Greater than 20 160 hours
e) If an Association employee separates from service, the Employee will employee shall be paid for accrued annual leave at the employee's base rate of pay earned as of the effective date of separation from City service.
f) Sick leave and vacation leave benefits accrued by Association employees as of December 14, 2010, shall be addressed as follows:
i. Current sick leave accruals may be used to receive a payment in lieu leave of absence with pay for illnesses or-injuries of the employee under the same circumstance and with the same limitations as existed prior to December 14, 2010.
ii. Such current sick leave accruals may be used as donations to a sick leave bank established by City for another City employee.
iii. City will redeem fifty percent (50%) of such current unused unredeemed sick and one hundred percent (100%) of such current unused unredeemed vacation leave accruals not to exceed 600 hours for each account, upon separation from service to those employees with a minimum of five (5) years of regular full-time service, at time of separation, at the employee's base rate of pay being earned as of the effective date of separation from City service.
g) During their final three (3) years of employment prior to retirement from the City, the association employee may convert accrued but unused annual or vacation leave into a City-sponsored 457 deferred compensation plan. The amount of annual leave at a rate no less than and/or vacation leave that may be transferred shall be limited to the Employee’s agreed rate contribution amounts set forth in the Internal Revenue Code (the "IRC"). It is the responsibility of pay at each employee, not the time the election is madeCity, to ensure compliance with any IRC contribution limits. The maximum amount of An employee electing to transfer annual leave an Employee and/or vacation leave into the deferred compensation plan must enroll in the plan before any leave can forego during each 12 month period of employment be transferred. Employees must request a transfer using the City-approved form, which is 2 weeks for full-time status and pro-rata for part-time statusavailable from the City's payroll department.
Appears in 1 contract
Sources: Memorandum of Understanding
Annual Leave. EmployeesFull-time, other than casuals, Part-time and Fixed-term Employees shall accrue paid annual leave at the rate of 0.07693 hours for each ordinary hour worked. This leave shall be entitled available to the Employee at the completion of each year of service. For information purposes only, this equates to 4 weeks paid leave for a Full-time Employee. Due to the nature of the employment contract, Casual Employees shall not accrue or receive any annual leave in accordance with during their term of employment. Payment to an Employee on annual leave shall not be less than the Australian Fair Pay Employee’s loaded wage rate prescribed by this agreement for the period of annual leave (excluding allowances and Conditions Standard (AFPCS). This clause should be read in conjunction with penalty payments) plus a loading of 17.5% of the AFPCSEmployee’s loaded wage rate. If any part the employment of this clause an Employee is found to be inconsistent with terminated before the AFPCSexpiration of a full year of employment, the AFPCS Employee shall be paid in addition to all other amounts due, any accrued annual leave up until the date of termination. The amount shall be paid at the Employee’s ordinary hourly rate plus the annual leave loading, but excluding any allowances or other loading. Employees are required to use any or all of their annual leave entitlements prior to any approved period of unpaid leave. Employees shall be required to provide the Employer with 4 weeks notice of their intention to take precedence annual leave. The Employer shall attempt to comply with an Employee’s request for annual leave and where mutual agreement cannot be achieved or operational requirements dictate, the extent Employer may refuse to grant the request for annual leave. Employees may be required to take annual leave during a designated closure of the inconsistency. The business, should this be required the Employer shall provide Employees with a copy of the AFPCS upon requestrelevant dates at the appropriate time. Employee’s are entitled to four weeks of Where an Employee accrues excessive annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period (as determined in Clause 1.7 of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but this Agreement) the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct request the Employee to take up to one quarter ¼ of their accrued leave on the accumulated provision of 2 weeks notice or as otherwise mutually agreed. Monies owing to an Employee for annual leave credit. Upon purposes shall be paid to the termination Employee incrementally during the period of an Employee’s employment with leave on their regular pay day or in advance, as mutually agreed between the Employee and the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for exclusive of any statutory holiday that occurs during the payment period of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave.
Appears in 1 contract
Sources: Employee Collective Agreement
Annual Leave. EmployeesThe overall objective of Part 4 of this agreement as it relates to Annual Holidays, other than casualstogether with 2.6, is to ensure that employees receive a full years’ salary for each full year of employment.
(a) In addition to public holidays, employees shall be entitled to six weeks paid annual holidays in respect of each completed year of service.
(b) Employees shall be entitled to one day's paid holiday to be taken between Christmas and New Year in addition to the annual leave entitlement.
(c) Subject to the specific provisions of this agreement, the provisions of the Holidays Act 2003 shall apply.
(d) Employees agree to take their annual leave in accordance with advance of the Australian Fair Pay entitlement falling due, except where there is agreement between the employer and Conditions Standard employee to do otherwise.
(AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS e) Employees shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum when the kindergarten is closed for full-time instruction except where there is agreement between the employer and pro-rata for part-time statusemployee to do otherwise. Remuneration for any period of Any annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave unable to be taken when the Employer shuts down kindergarten is closed for instruction shall be taken by agreement.
(f) Subject to the businessabove: where agreement between the employer and employee cannot be reached, or any part of the business in which an employer may direct the employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual holidays upon not less than 14 days notice; the employer shall not unreasonably withhold consent to an employee’s request to take annual holidays.
(g) Employees who are absent on leave when an without pay in excess of five working days in any 12 months preceding their annual leave credit is greater than what an Employee would ordinarily accrue over two yearsanniversary date shall have deducted from the following period of annual leave, one half day's pay for every four day's leave without pay. In this situation Where the Employer may direct the Employee to take up to one quarter of the accumulated employee's annual leave credithas been exhausted, one half day's pay shall be deducted from their term break leave entitlement (see 2.6) for every four day's leave without pay. Upon the termination of an Employee’s employment with the Employer, Employee’s Provided that no deductions will be entitled made for any days where employees are required to attend the kindergarten or elsewhere during a payment in lieu term break.
(h) For the purposes of any unused accrued calculating the entitlement to annual leave. Annual leave loading , professional time (which includes term breaks) or the entitlement to be paid when the kindergarten is closed for instruction pursuant to 2.6 of this agreement:
(i) in the case of a resignation, the termination date of the employee shall not be payable the date that the employee nominates as being the last date that the employee will be available to attend the kindergarten or elsewhere to carry out duties and responsibilities connected with that employee's employment
(ii) in the case of termination by the employer, the termination date of the employee shall be the date specified by the employer in the notice of termination in accordance with 2.10.
(i) Where an employee ceases employment before taking any annual leave, the employer shall pay to such employee a sum equivalent to 12 percent of their gross earnings for the payment period when no annual leave was taken.
(j) Where an employee's employment terminates on the last working day before a public holiday, the employee shall be entitled to be paid for the public holiday concerned.
(k) Where an employee ceases employment before taking the proportion of their full entitlement of annual leave for the period that they were employed, the employer shall pay to such employees upon termination termination, the balance of employment. An Employee may elect to forego an entitlement to take an amount the proportion of annual leave credited to outstanding at the Employee by way date of a written request to the Employer. termination.
(l) Where such a request is made an employee ceases employment and approved by the Employerhas received an annual leave payment in excess of their entitlement, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks employer shall not pursue any recovery action for full-time status and pro-rata for part-time statusthat sum.
Appears in 1 contract
Sources: Collective Agreement
Annual Leave. EmployeesAll full time weekly hired employees shall on completion of 48 weeks of work of forty hours each with the employer, be entitled to four weeks' leave paid for at the ordinary time rate of pay as prescribed by this Award for the employee’s classification. Subject to clause 27.3 hereof, annual leave shall be given and taken at such time and in such periods as are required by the employer provided that other than casualsby mutual consent annual leave shall be given in one continuous period of four weeks or not more than two periods one of which shall be not less than two weeks in duration. Where the employer intends temporarily to close (or reduce to nucleus) an establishment or a section thereof for the purposes of allowing annual leave to the employees concerned or a majority of them he/she may give in writing to such employees one month's notice (or in the case of any employees engaged after giving of such notice, notice on the date of the employee's engagement) that he/she elects to apply the provisions of this clause, and thereupon: • any such employee who at the date of closing is entitled to annual leave shall be given such annual leave commencing on and from the date of closing and, in addition, shall be paid holiday pay and proportionate annual leave loading for any period of employment after the accrual of his or her right to the annual leave and up to but excluding the date of closing; • any such employee who at the date of closing is not entitled to annual leave shall be given leave without pay as on and from the date of closing and shall be paid holiday pay and proportionate annual leave loading for that period of employment since the date of commencement or the accrual of his or her last annual holiday (whichever is the later) and up to but excluding the date of closing, together with pay for any public holiday during such leave for which the employee is entitled to payment; and • the next annual leave qualifying period of employment for every such employee shall commence as on and from the date of closing. In clause 27.3 “date of closing” in relation to each employee means the first day of annual leave or unpaid leave pursuant to clause 27.3. Annual leave shall be in addition to public holidays provided for in clause 31 – Public Holidays. An employee whose services are terminated shall be entitled to annual all accrued leave or payment in lieu thereof. In respect of the time worked since the employee's last leave entitlement day leave shall be calculated in the proportion which that period bears to a calendar year. A shift worker permanently engaged on continuous rostered shifts or engaged on permanent night shifts for the whole of the year in respect of which leave is granted shall be entitled to five weeks leave in accordance with the Australian Fair Pay lieu of four as provided in clause 27.1 above and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-pro rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusone year.
Appears in 1 contract
Sources: Enterprise Bargaining Agreement
Annual Leave. (a) Except as provided by this clause 16, the Annual ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (NSW) ('Act'), or any act which replaces the Act, each as amended, shall apply.
(b) Full Time Employees shall receive 152 hours of paid Annual Leave for each year of service with the Employer, to be based on the Ordinary Hours that the Employee would have otherwise worked, and payable in accordance with this clause. Part Time Employees shall receive a pro-rata entitlement calculated in accordance with the formula in clause 7B of this Part B.
(c) Where an Employee takes a period of Annual Leave and a Holiday falls within that period, the Holiday shall not be included as part of the period of Annual Leave. Further, for the avoidance of doubt, since Annual Leave is based on Ordinary Hours, when an Employee takes a period of Annual Leave, the hours taken as Annual Leave:
(i) will include the Ordinary Hours that the Employee would have otherwise worked on a Saturday or Sunday; and
(ii) will not include any hours in respect of Overtime that the Employee would, or may, have otherwise worked; and the Employee will receive no payment whatsoever in respect of such Overtime.
(d) The parties acknowledge that it is intended that work under this Part B will be carried out 24 hours a day, seven days a week. Accordingly, in addition to their entitlement to a period of leave under paragraph (b), a Full Time or Part Time Employee who is a seven day shift worker, that is, an Employee who is required under the Shift Roster to work regularly on Sundays and Holidays, shall be allowed 38 hours (for Full Time Employees), other than casualsor the equivalent pro-rata entitlement calculated in accordance with the formula in clause 7B of this Part B (for Part Time Employees), paid Annual Leave for each year of service, to be taken, and payable, in accordance with this clause. However, if a Full Time or Part Time Employee has only served a portion of the year of employment as a seven day shift worker, this additional leave shall be one hour for every 50.4 Ordinary Hours worked as a seven day shift worker.
(e) Any accrued entitlement of an Employee to Annual Leave under Part A shall be converted to an hourly entitlement calculated on the basis of one week's leave under Part A being equivalent to 38 hours (for Full Time Employees), or the equivalent pro-rata entitlement calculated in accordance with the formula in clause 7B of this Part B (for Part Time Employees), of leave under this Part B.
(f) Except as provided by paragraph (g) below, a Full Time or Part Time Employee will be entitled to the following payments while on a period of Annual Leave as provided by this clause 16:
(i) the Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would have otherwise worked;
(ii) all shift allowances (including Saturday and Sunday but not including Holiday shift allowances) calculated in accordance with clause 7 which the Employee would have received for the Ordinary Hours that the Employee would have otherwise worked; and
(iii) a payment for all Paid Meal Breaks which the Employee would have taken during the Ordinary Hours that the Employee would have otherwise worked.
(g) Despite paragraph (f) above, if an Employee has at least 12 months continuous service, the Employee shall be entitled to annual leave the following payments upon taking a period of Annual Leave:
(i) the Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would have otherwise worked; and
(ii) a payment for all Paid Meal Breaks which the Employee would have taken during the Ordinary Hours that the Employee would have otherwise worked; and
(iii) the greater of:
(A) all shift allowances (including Saturday and Sunday but not including Holiday shift allowances) calculated in accordance with clause 7 which the Australian Fair Employee would have received for Ordinary Hours that the Employee would have otherwise worked; or
(B) an Annual Leave Loading of 17.5% of:
(i) the Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would have otherwise worked; and
(ii) the payment for all Paid Meal Breaks that the Employee would have taken during the Ordinary Hours that the Employee would have otherwise worked.
(h) Where the employment of an Employee is terminated by the Employer for a reason other than malingering, inefficiency, neglect of duty, misconduct or misappropriation, and Conditions Standard (AFPCS). This clause should be read in conjunction with at the AFPCS. If any part time of this clause is found to be inconsistent with the AFPCStermination the Employee has not been given, and has not taken, the AFPCS shall take precedence to the extent whole of the inconsistency. The Employer shall provide Employees with a copy of Annual Leave to which the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave Employee has become entitled, the Employee shall be paid at the normal weekly rate plus the addition of a loadingloading calculated in accordance with subclause 16(g)(iii)(B) above. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable to an Employee upon termination except in accordance with this subclause.
(i) An Employee must obtain the approval of the Motorway Manager before taking any period of Annual Leave.
(j) For the purposes of this clause 16, 'Ordinary Hourly Pay' means the applicable Ordinary Time Rate of Pay for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay 's classification at the time of taking the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status Annual Leave plus, where applicable, the hourly amount ordinarily received by the Employee in respect of the First Aid and pro-rata for part-time status.Accreditation Allowance. As set out in clause 17 of Part A.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be entitled Annual leave is a benefit granted to annual leave in accordance with the Australian Fair Pay employees to continue normal compensation during approved absences and Conditions Standard (AFPCS)is intended to encompass both vacation and medical leave. This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for All full-time regular employees shall accrue leave at the following annualized rates prorated for each payroll based upon departmental seniority years of service provided however that any employee who was hired by the City prior to January 1, 2005 and pro-rata fully commissioned at the time of such hire will accrue annual leave at the following annualized rates prorated for part-time status. Remuneration each payroll based upon all years worked as a fully commissioned police officer: 1st year 216 hours of leave per year After 1st year through 4 years 240 hours of leave per year After the 4th through 9 years 264 hours of leave per year After the 9th through 14 years 288 hours of leave per year After the 14th through 20 years 312 hours of leave per year After 20th year 336 hours of leave per year
A. Annual leave accrues on a pay period basis and is not available for any use during the pay period of annual in which it is accrued.
B. Any unused leave shall be paid accumulated for succeeding years with a maximum accrual of 1,400 hours; however as of the end of the calendar year, the maximum accrual amount carried forward into the new year shall not exceed one thousand two hundred (1,200) hours of leave that the employee accrues.
C. Paid leave shall not be available for use during the first sixty (60) days of employment, except for illness. An employee who qualifies for use of leave shall not be permitted to take unpaid leave.
D. Other than in cases of illness or injury, the use of leave that was not bid is subject to the approval of an employee’s supervisor and must be utilized in such a manner that service to the citizens is not disrupted. (For use of leave in cases of extended illness and injury, see Article
E. Upon separation, an employee (or deceased employee’s beneficiary) shall receive payment equal to 65% of such employee’s then accrued and unused leave hours at the normal weekly employee’s last regular rate plus of pay, based on a maximum carryforward and payout amount of 1,200 hours of accrued leave. In the addition event of a loading. This loading line of duty death as determined by the City, the deceased employee’s beneficiary shall be 17.5receive payment equal to 100% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employeeemployee’s Manager. The Employer may require then accrued and unused annual leave bank of no more than fourteen hundred (1,400) hours at the employee’s last regular rate of pay.
F. An employee who submits a signed notice of retirement to occur during the following calendar year will be taken when the Employer shuts down the businessallowed carryforward and payout based on a maximum of one thousand four hundred (1,400) hours of accrued leave.
G. Employees who have qualified for a LEOFF 2 full or early retirement benefit at any age and have given at least three (3) calendar months notice of retirement may utilize Annual Leave, Compensatory Time, or any part Holiday Leave for a period of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s three (3) calendar months prior to and adjacent to their employment separation date with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusCity.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. a) If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with you are a copy of the AFPCS upon request. Employee’s full time employee you are entitled to four weeks paid annual leave for each completed year of service, at the designated rate of pay for Monday to Friday.(Sunday to Friday if optional Sunday is worked) If you are a part time employee you will accrue paid annual leave on a pro-rata basis, calculated on your set ordinary hours. Casual employees do not qualify for annual leave because they are paid a loading instead
(b) Annual leave may be granted and taken at any time by mutual agreement, subject to availability. Annual leave should to be taken in blocks of 1 week where possible ,i.e., one, two ,three or four weeks leave at a time. Sundry days may be approved, but leave for Sundays will NOT be approved/paid unless it is part of a full week. Therefore, Sundays may not be taken as a sundry day of leave
(c) You may , subject to availability, take annual leave that has accrued on a pro-rata basis .
(d) You are to give at least 4 weeks written notice of annual leave per annum to be taken. The employer may give 4 weeks notice for full-time and pro-rata accrued leave to be taken.
(e) All annual leave entitlements should be taken within 12(twelve)months of the anniversary of such leave becoming due. By mutual agreement an employee may elect to accrue the annual leave entitlement for part-time status. Remuneration for any a period of annual not more than 2 (two) years, provided at least 2 weeks leave shall be taken in any 12 month period.( This would allow up to 6 weeks available for an overseas trip ,for example)
(f) Annual leave accrued from the commencement of this agreement will be paid at the normal weekly rate plus applicable when it accrues. .
(g) By mutual agreement, the addition of employee may , when on annual leave, be paid a loading. This loading shall be 17.5% of the normal weekly rate lump sum in advance, or the normal shift loading that would be applicable, which ever is greater. Annual leave is continue to be taken at times approved by an Employee’s Manager. The Employer may require annual paid weekly
(h) If you leave to be taken when the Employer shuts down the businessthis employment, or are dismissed for any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to yearreason, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the you will receive on termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement annual leave entitlement
(i) Up to annual leave2 weeks Annual Leave per year may be cashed in, but only when at least an equivalent amount of leave is actually taken. Annual leave loading shall This will not be payable for available during the payment first year of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusservice.
Appears in 1 contract
Sources: Collective Workplace Agreement
Annual Leave. EmployeesA. All employees appointed to a regularly established position authorized for twelve (12) months per year earn annual leave.
B. An eligible employee must be in pay status for at least one-half of the hours for which the employee is appointed during a pay period in order to accrue annual leave during that pay period.
C. Annual leave is accrued while in the 12-month position at the following rates: Years of Service Days Per Month Days Per Year 5 (1 - 60 months) 1 12 6-10 (61 - 120 months) 1.25 15 11+ (Above 120 months) 1.50 18
D. Annual leave may be accumulated up to a maximum of forty-five (45) working days. Part-time personnel may accumulate up to a maximum of forty-five (45) portions of a day proportionate to the time worked. The administrative head of each school or department should make every effort to ensure that vacation leave is used on a current yearly basis in order to provide employees with vacation, other than casualsproper rest, and relaxation. In those instances when an administrator is unable to allow an employee to use vacation leave on a current basis, the employee may continue to accrue leave beyond the 45-day maximum; however, vacation leave earned in excess of the forty-five (45) days must be used during the calendar year or forfeited at the close of the workday on December 31 each year.
E. An employee’s request for annual leave shall be made in accordance with Section 11.22.
F. An employee, upon separation from the District for any reason, shall be entitled to paid for all annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent accrued as of the inconsistencydate of separation at the employee’s base rate of pay on that date.
G. An employee who enters the Deferred Retirement Option Program (DROP) shall be paid for accrued annual leave, up to forty-five (45) days, at the time the employee enters DROP. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual Such leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employeeemployee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed current hourly base rate of pay at the time the election employee enters DROP. A DROP participant who is madein a position authorized to earn annual leave as indicated in paragraph 11.15A above shall earn annual leave as indicated in this article. Annual leave accrued during DROP participation, up to forty-five (45) days shall be paid at the employee’s current hourly base rate at the time of termination.
H. Employees eligible to receive annual leave pay, as provided in F and G above, shall participate in the Board approved 401(a) Qualified Retirement Plan subject to a minimum contribution level established by the Board in consultation with LESPA. The maximum amount 401(a) Qualified Retirement Plan allows: - Participating employees to defer federal income tax and permanently avoid the payment of Social Security tax and Medicare tax on eligible plan contributions of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status payout; and pro-rata for part-time status.- Participating employees who wish to withdraw their funds under conditions that subject the funds to the early withdrawal penalty assessed by the Internal Revenue Service will be reimbursed a
Appears in 1 contract
Sources: Collective Bargaining Contract
Annual Leave. Employees, 37.1 Every employee (other than casuals, a casual employee) covered by this Agreement shall be entitled to accrue 5 weeks annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)on full pay over a 12 month period. Annual leave accruals will be debited to an employee on a weekly basis. This clause should will be read pro rata entitlements for part time employees.
37.2 Provided that annual leave as prescribed in conjunction with 38.1 is not to accrue during periods of leave without pay authorized by Council or otherwise which is in excess of 3 consecutive days.
37.3 For the AFPCS. If any part purpose of this clause is found to be inconsistent with the AFPCSclause, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for without pay does not include any period of annual absence of less than three months during which the employee is entitled to payment under the WorkCover Queensland Act 1996.
37.4 Annual leave shall be paid exclusive of any statutory holiday occurring during the period of that annual leave . Payment for statutory holidays may be made in advance. Where an employee is terminated or terminates the employment arrangement, the employee is entitled to ordinary pay for any statutory holidays which would have occurred within the period of the annual leave balance had the employee taken this leave at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% termination of the normal weekly rate or the normal shift loading that would be applicableemployment.
37.5 Employees may elect to have leave (annual, which ever is greaterlong service, parental) entitlements paid in advance. Annual leave Where payment is to be taken at times approved by an Employee’s Manager. The Employer may require annual made in advance, the leave to be taken when shall be paid in the Employer shuts down last pay run where work has been performed, prior to the businessleave occurring.
37.6 In the case of an employee who was performing higher duties as prescribed in clause 22 of this agreement, immediately prior to the taking of annual leave at the following rates: An employee having performed higher duties for: Proportion of Annual Leave to be paid at higher duties rate Less than three months 25% Three months or any part more but less than six months 50% Six months or more but less than nine months 75% Nine months or more 100% Provided that the period of time that the employee has performed duties is the aggregate of the business in time the employee has performed the higher duties during the twelve months preceding the taking of annual leave. However, there will be no double counting of any period the employee has performed higher duties and for which payment on annual leave was made. Provided that no contrived arrangement involving the deployment of any employee will be entered into so as to deprive an employee works. This may occur of or affect the benefits of this provision.
37.7 On the termination of the employment of any employee, such employee shall be paid for example during the period between Christmas and New Year. Unused any untaken annual leave accumulates from year standing to yearthe employee’s credit, but and any remaining pro rated annual leave entitlements.
37.8 Annual leave shall be given and taken at a time mutually convenient to the Employer Council and the employee concerned as far as practicable: Provided that Council, by giving at least one month’s notice, may require an Employee, employee to take annual leave when an annual leave credit is greater commencing not earlier than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter anniversary of the accumulated annual date of such employee’s appointment. Annual leave creditshall be cumulative and when not taken by mutual agreement, or through the provisions in Clause 40 of this agreement, shall be added to the employee’s subsequent entitlements. Upon the termination of an Employee’s employment with the Employer, Employee’s will Single day periods or part thereof may be entitled to a payment in lieu of any unused accrued entitlement to taken as annual leave. Annual leave loading shall not be payable for the payment given in addition to any notice of annual leave upon termination of employment. An Employee .
37.9 Christmas Closedown Thuringowa City Council may elect to forego an entitlement to take an amount close down its operations in work areas, units or sections, or parts thereof, for the purposes of allowing annual leave credited to all or most of the Employee by way of a written request to the Employeremployees in those work areas, units or sections. Where such a request is made and During this closedown, an employee may access accrued leave (long service or annual leave entitlements) and/or take TOIL/ RDO’s or where insufficient leave entitlements exist, an employee may take leave without pay during this period. If approved by the EmployerCouncil, the Employee close down will receive a payment in lieu take effect for the period from Christmas Day up to and including New Years Day (or substitute holidays where appropriate). Council shall give six weeks notice of the amount of whether it proposes to implement an annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusclosedown.
Appears in 1 contract
Sources: Council Agreement
Annual Leave. Employees, other than casuals, shall a) An Employee will be entitled to paid annual leave in accordance with of 4 weeks (for each 12-month period of continuous service) based on 36 hours per week at the Australian Fair Pay and Conditions Standard Wage Rate paid to the Employee immediately prior to the leave plus a loading of 17.5% (AFPCSplus Leading Hand allowance if applicable). This clause should be read in conjunction with For the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSperiod, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading if any, that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In is engaged as a continuous shift worker as defined by this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the EmployerAgreement, Employee’s they will be entitled to a payment pro-rata accrual of 5 weeks (maximum) of annual leave per annum.
b) During a period of Annual Leave, an employee will be paid a loading equivalent to the loading prescribed in lieu 7.1(a) or 7.1(b) as relevant.
c) The loading prescribed in 7.1(a), will apply to accrued but untaken annual leave on lawful termination.
d) The period of annual leave will be exclusive of any unused public holiday that occurs during the period.
e) The Company may direct Employee(s) to take accrued entitlement annual leave on one month’s notice, when they will generally close down the Project for one or more weeks over the Christmas – New Year period and in these cases, Employees will generally be required to ensure that they have sufficient Annual Leave remaining to enable them to take leave for the period of the shutdown. In the event that they do not have Annual Leave or RDO accruals, the Employee may be required to take Leave Without Pay for such period or a combination of Annual Leave, RDO and Leave Without Pay.
f) Unless otherwise agreed, one month’s notice of the start of annual leaveleave will be given by Employee(s). Annual leave loading shall not may be payable taken in any combination of days or weeks agreed between the Company and the Employee.
g) An Employee(s) going on leave will be paid their wages in accordance with the normal pay cycle unless alternative arrangements have been agreed to with the Company before the leave is taken.
h) Where an Employee has exhausted Annual Leave entitlements, leave without pay may be considered by the Company and approval of such leave will be at the Company’s sole discretion. In circumstances where an Employee(s) has used all types of leave accruals, for the payment of example; annual leave, sick leave, RDO etc. The Employee must make a formal request in writing providing a valid reason for such a request. If leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited without pay is granted to the Employee by way of a written request to the Employer. Where such a request is made and approved by the EmployerEmployee, the Employee will receive a payment in lieu not accrue any entitlements for the duration of the amount of leave without pay.
i) Accrued, but untaken, annual leave at a rate no less than the Employee’s agreed rate is paid out on termination of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusemployment.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. (a) Employee’s entitlement to leave
(i) Employees (excluding casual Employees, other than casuals, ) shall be entitled to 5 weeks annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)respect of any 12 months service. This clause should be read in conjunction with entitlement is inclusive of the AFPCSbase NES annual leave entitlement and the additional week under the NES for shiftworker as defined. If any part A shiftworker for the purposes of this clause and the NES is found to be inconsistent with the AFPCS, the AFPCS shall take precedence an Employee who is regularly rostered over 7 days and regularly works weekends.
(ii) Such annual leave accrues progressively during a year of service according to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks ordinary hours of annual leave per annum for full-time work and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year.
(b) Employee taken to not be on paid annual leave at certain times
(i) If the period during which an Employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the Employee is based for work purposes, but the Employee is taken not to be on paid annual leave on that public holiday.
(ii) Where other periods of leave occurs (other than unpaid parental leave), or a period of absence from employment for community service leave, the Employee is taken not to be on paid annual leave for the period of that other leave or absence.
(c) Effect of termination on annual leave
(i) If, when the employment of an Employee ends, the Employee has a period of untaken paid annual leave, the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct must pay the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be amount that would have been payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, had the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month taken that period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave, including leave loading.
Appears in 1 contract
Sources: Maryvale Private Hospital Nurses Enterprise Agreement 2022
Annual Leave. Employees, other than casualsEffective Pay Period 1 of each year an employee in a regular supervisory position who is in paid status shall be credited with forty (40) hours of annual leave for the employee’s use. Employees hired after the beginning of Pay Period 1, shall be entitled to credited with a prorated number of Annual Leave based upon the annual leave in accordance with the Australian Fair Pay and Conditions Standard rate of forty (AFPCS40) hours (i.e., 1.54 hours per pay period, or any portion thereof). This clause should Annual leave will be read separate from and in conjunction with the AFPCSaddition to any vacation or holiday leave. If any part Annual Leave remains at the end of this clause Pay Period 26 (27, when applicable), it shall not be cumulative into the next calendar year nor shall there be any conversion to cash. An eligible employee in a regular position who is found part-time, or job-sharing shall be eligible for a prorated number of Annual Leave hours based on regularly scheduled hours. Those employees appointed after Pay Period 1 shall receive a prorated number of Annual Leave hours at the time of their appointment. Such proration shall be based upon the remaining number of pay periods in the calendar year nearest their appointment. Employees not in paid status (i.e., not coding paid hours) in Pay Period 1 shall receive a prorated number of Annual Leave hours upon return to paid status. Such proration shall be inconsistent with based upon the AFPCSremaining number of pay periods in the calendar year nearest their return to paid status. However, an employee who is not in paid status during the entire calendar year, i.e., not in paid status from Pay Period 1 through Pay Period 26, or 27 (when applicable), shall not receive Annual Leave for the calendar year(s) during which he/she was not in paid status. For example, if an employee is not in paid status from November of 2014 through February 2016, and then returns to paid status in Mach 2016, the AFPCS employee shall take precedence receive a prorated sum of Annual Leave hours for calendar year 2016 upon her return to paid status but shall not receive the calendar year 2015 Annual Leave because the employee was not in paid status for the entire 2015 calendar year. Employees who are appointed to a position in a classification that does not contain an Annual Leave provision and who have been denied in writing the opportunity to use the leave due to work urgency shall receive in cash payment the prorated amount of Annual Leave from the start of Pay Period 1 to the extent date of the inconsistencyposition change (i.e., 1.54 hours per pay period) minus any Annual Leave hours used up until that time. The Employer shall provide Employees with a copy Where an employee has elected to use vacation leave in lieu of Annual Leave, the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of prorated annual leave shall be paid at reduced by the normal weekly rate plus number of vacation hours utilized. In those instances where an employee returns to the addition supervisory classification prior to the end of the calendar year, the Annual Leave for the remainder of the calendar year shall be credited on a loadingprorated basis, i.e., 1.54 hours per pay period. This loading shall be 17.5% provision applies only to these specific circumstances and expressly excludes its application to any other set of circumstances. Employees may only submit amended Time and Labor Reports to charge Annual Leave for pay periods in which another leave type was requested, approved and charged, if such amended TLRs are submitted within two (2) pay periods of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is pay period to be taken at times approved by an Employee’s Manager. The Employer amended, provided however, that Annual Leave may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable substituted for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusHoliday Leave.
Appears in 1 contract
Sources: Memorandum of Understanding
Annual Leave. Employeesa) This clause does not apply to casual employees
b) Employees whose ordinary hours of work roster requires them to work public holidays as ordinary time, other than casuals, shall be are entitled to six weeks and three days of annual leave within each year of employment.
c) Annual leave will be taken at a time agreed between the employee and the Company. Each department will develop its own arrangement to ensure that employees are given a fair opportunity to take their annual leave.
d) Employees must take their annual leave in accordance the year it falls due. Any further accrual will only be permitted with the Australian Fair Pay Company's written approval. In cases where the employee has an excess annual leave accrual, they will be requested to reduce their annual leave accrual. Failing such request the company may direct the employee to take any outstanding annual leave by the giving of four week's notice.
e) At the sole discretion of the Company, and Conditions Standard (AFPCS)where requested by the employee, an employee's annual leave accrual may be reduced by a lump sum payment to the employee of a maximum amount of 2 weeks annual leave in any year. To comply with the NES, the employee must have a balance of 4 weeks remaining after the leave has been cashed out. This clause should payment will only be read considered in conjunction with cases of financial hardship and will not be used as a regular alternative for the AFPCS. If employee taking annual leave.
f) Except for the following absences, any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s absences from work are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is not to be taken at times approved into account and will not count as time worked in calculating the leave entitlement:
(i) In a twelve month period the employee is entitled to have up to 4 weeks of ordinary working hours due to workers compensation and this will be counted as time worked.
(ii) Long service leave, annual leave, paid personal leave public holidays, paid bereavement leave, paid training leave and jury service taken by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, employee will count as time worked.
(iii) Any interruption or any part termination of the business in employment by the employer which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment has been made with the Employer, Employee’s intention of avoiding obligations under this subclause.
g) Annual leave loading A loading of 17.5 per cent will be entitled paid to a payment in lieu of any unused accrued entitlement to employees while on annual leave. Annual Such annual leave loading shall will not be payable for the payment of on proportionate annual leave upon on termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall (a) Annual leave entitlement - general
(i) Annual leave will be entitled to annual leave in accordance with the Australian Fair Pay NES. Annual leave accrues progressively according to an employee's ordinary hours of work and Conditions Standard accumulates from year to year. Full time employees accrue the equivalent of four weeks paid annual leave per year. Part-time employees accrue paid annual leave on a pro-rata basis. Casual employees are not entitled to annual leave.
(AFPCS). This clause should ii) Annual leave shall be read given and taken in conjunction accordance with the AFPCSrequirements of the Act, subject to the following rules: A Annual leave shall be given and taken either in one consecutive period or two periods or if the employee and the Company so agree, three or more separate periods. B If the employee and the Company agree, leave may be taken wholly or partly in advance of the entitlement being credited to the employee. If any part the employee is given leave in advance, that employee shall:
i. not be entitled to further leave until the amount that is credited to the employee equates to the amount of this clause is found leave given in advance and the further amount of leave to be inconsistent taken;
ii. repay on termination of employment any amount of pay for leave given in advance or permit the Company to deduct that amount from any amount otherwise owing to the employee on termination, in accordance with the AFPCSAct. C Where the Company requires an employee to take any annual leave credited to him or her, the AFPCS Company shall take precedence to the extent give an employee at least one month’s notice of the inconsistencydate from which the employee’s annual leave is required to be taken. The Employer shall provide Employees with a copy D In order to allow the temporary closure of part or all of one of the AFPCS upon requestCompany’s establishments the Company may require the employee to take annual leave of up to 4 weeks, including to take leave in advance, in which case the Company shall give an employee at least one month’s notice of the date from which the employee’s annual leave is required. Employee’s are entitled Where an employee has been directed to four weeks take leave in advance in this circumstance, the employee cannot be required to repay that period of annual leave per annum for full-time and pro-rata for part-time statusin advance on termination. Remuneration E Subject to the provisions of clause 6.1, on termination of employment, an amount equivalent to the employees’ current rate of pay for any period of untaken annual leave shall be paid at to the normal weekly rate employee plus the addition of a relevant leave loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees(i) Annual leave of absence consisting of 4 weeks at the ordinary rate of pay, other plus 2 concessional days added to the Annual Leave balance exclusive of public holidays observed on working days will be granted to an employee, after each 12 months service and, except as provided for in clause 21.3 (ii) of this clause, will be taken on its due date or as soon as is mutually convenient thereafter to KEE and the employee.
(ii) KEE may direct an employee to take annual leave by giving at least four weeks prior notification in the following circumstances:
(a) where the employee has accumulated in excess of eight weeks annual leave
(b) a period of annual close-down of up to and including 4 weeks. Provided that:
i. Where an employee has accrued more annual leave than casualsthe period of the annual close down, shall the balance of such leave will be taken in accordance with clause 21.3 of this clause.
ii. In the case of employees who are not entitled to annual leave or do not have an entitlement sufficient to cover the period of the close-down, KEE will endeavour to provide meaningful duties as are within the limits of the employee's skill, competence and training for the whole or part of the close-down.
iii. In the event that meaningful duties are not available the employee may be directed to take leave without pay, or by agreement with KEE may take annual leave in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such annual leave will be repaid by a deduction from the employee's termination pay.
iv. In the event that leave without pay is directed to be taken, such leave will be regarded as service for the purpose of the accrual of long service leave, sick leave and annual leave.
(iii) Payment to an employee proceeding on annual leave will be made by ▇▇▇ at the employee’s ordinary rate of pay for the period of annual leave either before the commencement of the employee’s annual leave, or by agreement through the usual pay periods.
(iv) On resignation or termination of employment, ▇▇▇ will pay to the employee:
(a) their ordinary rate of pay for all untaken leave credited for completed years of service, and
(b) for an incomplete year, one twelfth of their ordinary rate of pay multiplied by the number of completed weeks of service in that year. Provided that the employee will not receive payment for more than four weeks annual leave for any period of twelve months.
(v) Where an employee receives a varying rate of pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary rate of pay will be deemed to be the average weekly rate of pay earned during the period actually worked over the 12 months immediately preceding the annual leave or the right to payment under this clause.
(vi) Subject to KEE approval based on operational needs, employees may enter into a purchased annual leave agreement with KEE to purchase up to an additional 4 weeks annual leave per annum by taking a reduced salary spread over 52 weeks in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found KEE policy as amended from time to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statustime.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, Each employee of this Unit shall be entitled to accrue and accumulate annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS)at various rates as set forth below based on length of continuous service of such employee. This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual Annual leave shall be used to provide for paid at time off on legal holidays which are normally scheduled work days and for other forms of personal paid leave including, but not limited to, employee development leave. Less than two (2) years 30 days Two (2) years less than six (6) years 33 days Six (6) years less than eight (8) years 35 days Eight (8) years or more 40 days Employees may carry over a maximum of twenty (20) unused leave days from one fiscal year to the normal weekly rate plus next succeeding fiscal year. For the addition term of a loading. This loading this agreement, only the maximum carry over leave balance shall be 17.5% increased by forty (40) hours, or five (5) days. Employees who begin to work after the beginning of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part fiscal year shall receive a proration of the business annual accrual based on their start work date. Employees who leave prior to the end of the fiscal year shall receive an adjustment in their annual accrual based on their length of service in their final year. Employees who separate during the year and who have used more than their annual accrual, shall have a proportionate adjustment from their final paycheck. Any employee leaving prior to the end of the first full year of employment shall have no vested accrual. Employees who reach the maximum leave balance, inclusive of any carry over, shall cease to accrue any additional paid time off. Employees who now are provided with paid legal holidays or other supplemental paid time off benefits established by mutual agreement may continue to receive such benefits. However, in no case shall maximum annual accrual exceed forty (40) days. Any employee hired after September 24, 2002 shall be limited to the accrual rates as provided in this section, and will not be eligible for additional paid time off. For Obstetricians/Gynecologists and Anesthesiologists who are in-house when taking call, in any pay period in which an a county recognized holiday falls, if the employee works. This may occur for example during works a minimum of eighty (80) hours in that pay period, and takes in-house call the period between Christmas and New Year. Unused annual employee's leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading accruals shall not be payable for deducted if the payment employee is not scheduled to work on that holiday. Inversely, if the employee does not work a minimum of eighty (80) hours in the pay period a holiday falls and the employee is not scheduled to work on that holiday, then the employee's annual leave upon termination accrual shall be deducted the total number of employmenthours needed to complete eighty (80) hours for that particular pay period. An Employee may elect to forego an entitlement to take an amount of annual leave credited to This section shall not affect the Employee paid legal holidays or supplemental paid time off benefits established by way of a written request to mutual agreement defined in the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusparagraph above.
Appears in 1 contract
Sources: Memorandum of Understanding
Annual Leave. Employees, other than casuals, a) Employees shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of paid annual leave per annum for full-time after completion of 12 months' service and on each anniversary thereafter.
b) Annual leave accrues on a pro-rata for part-weekly basis and in the case of part time status. Remuneration for any employee, accrues having regard to the proportion ordinary hours worked in a week by that employees bears to 70 per fortnight.
c) If a public holiday falls during an employee's period of annual leave on a day that the employee would usually be required to work, the employee be entitled to observe that day as a holiday and to take an additional day's leave either at the end of the period of annual leave or at another time agreed between the employee and employer.
d) When taking annual leave employees shall be paid at their ordinary time rate for the normal weekly rate equivalent ordinary hours that they would have worked if they were not on leave plus the addition annual leave loading of a loading. This loading 17.5%.
e) Annual leave payments shall be 17.5% paid by electronic funds transfer on the usual pay day and in the usual manner unless 14 days (or more) before the commencement of their leave, the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a requests payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment full period of annual leave upon termination commencement of employment. An Employee that leave in which case the employee shall be paid for the full period of their annual leave by electronic funds transfer no later than the first pay date falling on or after the commencement of their annual leave.
f) Upon termination, employees will be paid for all fully accrued and accrued pro-rata annual leave not yet taken and unless the employee is justifiably dismissed for misconduct the employee shall be paid annual leave loading on all fully accrued annual leave not yet taken.
g) Employees must take their annual leave within 12 months of the leave falling due at a time mutually agreed between the employee and the company or upon the company giving the employee 1 month’s notice of the requirement to take annual leave.
h) By written agreement with the Company, each 12 months an employee may elect to forego an entitlement to take an amount cash out part of their accrued annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employerentitlement, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less provided that they cannot cash out more than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for fulleach 12-time status and pro-rata for part-time statusmonth period.
i) The Company shall make every effort to grant leave when requested however operational requirements will be the primary consideration.
j) An employee who is classified as a shift worker is entitled to an extra week’s leave after 12 months service.
k) The provisions of this clause do not apply to casual employees.
Appears in 1 contract
Sources: Bp Kwinana Oil Refinery Agreement
Annual Leave. Employees(i) Subject to the provisions of the Workplace Relations Act 1996, an employee is entitled to accrue annual leave on a pro-rata basis at the rate of one hundred and forty four (144) hours of annual leave per year of continuous service, and a shift worker is entitled to accrue annual leave on a pro-rata basis at the rate of one hundred and eighty (180) hours of annual leave per year of continuous service. An employee on weekly hire shall accrue annual leave at the rate of 2.769 hours or each week of continuous service on the Project.
(ii) For the purpose of this clause, continuous service shall include, time not worked due to annual leave, personal leave, bereavement leave, jury service, rest and recreation leave days, public holidays, workers’ compensation to a maximum of two (2) weeks, and approved unpaid leave taken in conjunction with the R & R.
(iii) Before going on leave the employee will be paid: ⮚ The ordinary wages they would have received under Clause 3.1 of this Agreement for the Ordinary Hours (up to thirty six (36) Ordinary Hours per week) they would have worked but for proceeding on annual leave; ⮚ Any all purpose allowance which the employee is normally paid for their Ordinary Hours each week; and ⮚ A loading of 17.5% calculated at the rate of wage prescribed in Clause 3.1 of this Agreement,in respect of the period of leave.
(iv) Subject to the provisions of the WR Act, annual leave shall be given and taken as agreed between the Company and the employee and will be paid in accordance with (iii) of this sub clause.
(v) If a public holiday is observed on an ordinary working day during the annual leave, that day will not be counted as annual leave (i.e. the annual leave is increased by one day for each public holiday).
(1) The Company may close the Site or part of the Site or reduce the number of employees at the Site so that all or most employees take their annual leave at the same time.
(2) The Company must give one (1) months’ notice to each employee of the arrangement in (vi)(1) above.
(3) When the Site is closed employees must take the annual leave to which they are entitled or take unpaid leave.
(4) If an employee has insufficient service to have accrued leave that is equal to the leave given to other than casualsemployees, the employee shall not be entitled to annual work or pay whilst other employees are on leave in accordance with this sub-clause.
(vii) An employee who leaves their employment or whose employment is terminated by the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSCompany, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, accrued but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of untaken annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount wage prescribed in Clause 4.2 sub-clause (iii) of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusthis clause.
Appears in 1 contract
Sources: Employer Greenfields Agreement
Annual Leave. Employees(a) Annual leave is provided for in the NES.
(b) For each year of service, the NES entitles Employees (other than casuals, shall be entitled to ) to:
(i) 4 weeks of paid annual leave; or
(ii) 5 weeks of paid annual leave in accordance with if the Australian Fair Pay and Conditions Standard (AFPCS)Employee is a continuous shift worker. This clause should be read in conjunction with For the AFPCS. If any part purposes of this clause and the NES, a continuous shift worked is found defined as an employee engaged to be inconsistent with work in a system of consecutive shifts throughout the AFPCS24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Company) and who is regularly rostered to work those shifts.
(c) Under the NES, the AFPCS shall take precedence annual leave accrues progressively during a year of service according to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks ordinary hours of annual leave per annum for full-time work and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year. Annual leave does not accrue during any period of unpaid leave, but unauthorised absence or workers’ compensation.
(d) Annual leave can be taken by agreement between the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Company and Employee would ordinarily accrue over two years. In this situation the Employer may direct following a request by the Employee to take up accrued annual leave.
(e) Leave approval is subject to one quarter the operational requirements of the accumulated workplace but shall not be unreasonably withheld. Where an Employee works in accordance with a roster pattern, annual leave credit. Upon the termination should, wherever possible, be taken in accordance with that roster pattern.
(f) The parties acknowledge that it is not beneficial for employees to have extensive periods of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to work without taking annual leave. Annual Leave shall be given and taken in accordance with the Company’s requirements. Annual leave loading shall not should be payable for taken at mutually convenient times.
(g) Annual Leave is paid at the payment Ordinary Time Rate being paid to the employee immediately prior to the taking of the Annual Leave, plus 17½% loading.
(h) Accrued but untaken annual leave upon will be paid out on termination of employment. An .
(i) By written agreement with the Company, an Employee may elect to forego an entitlement to take an amount cash out part of the Employee’s accrued annual leave credited to entitlement each 12 months, provided that:
(i) paid annual leave cannot be cashed out if the Employee cashing out would result in the Employee’s remaining accrued annual leave balance being less than 4 weeks;
(ii) each instance of cashing out paid annual leave must be by way of a separate written request to agreement between the Employer. Where such a request is made Company and approved by the Employer, Employee; and
(iii) the Employee will receive a payment in lieu be paid at least the full amount they would have been paid had they taken the leave.
(j) At the Company’s absolute discretion, approved Leave Without Pay (LWP) may be granted if the Employee has exhausted all of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status their accrued Annual Leave, and pro-rata for part-time statusRostered Days Off inclusive.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, 21.1 All Employees covered by this Agreement (other than casualscasual Employees) are entitled to 152 hours paid annual leave after each 12 months of continuous service (provided that Employees engaged to work continuous shift work are entitled to 210 hours annual leave after each 12 months of continuous service), shall be entitled subject to clause 21.12. Without increasing the annual accrued entitlement to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should as outlined immediately above: • Employees working a five day 7.6 hour roster will be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks paid 7.6 hours for each day of annual leave per annum taken; • Employees working a four day 9.5 hour roster will be paid 9.5 hours for full-time each day of annual leave taken; and pro-• Employees working 12 hour continuous shifts will be paid 12 hours for each day of annual leave taken.
21.2 A loading of 17.5% of ordinary weekly pay will be paid whilst Employees are on annual leave.
21.3 Annual leave may be taken by an Employee when it has accrued and may be split over a number of occasions, provided that the Company must authorise the taking of annual leave to suit the business requirements.
21.4 The parties to this Agreement agree that: • Employees who have accrued annual leave (not including pro rata annual leave) of more than 8 weeks (or 304 hours) for part-time status. Remuneration day shift workers, or more than 10 weeks (or 420 hours) for any period continuous shift workers, are required to schedule and take at least 25% of their accrued annual leave each year; • The scheduling and taking of annual leave shall be paid at spread over each calendar 12 month period to avoid the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever circumstances where there is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, more than 1 Employee per work section rostered to take annual leave when an at the same time. For the purposes of this subclause (21.4) only, electrical employees shall constitute a work section and mechanical employees shall constitute a work section • However, where special circumstances exist and where the Employee has obtained written authorisation from the Plant Manager, he or she may accrue annual leave credit is greater than what an Employee would ordinarily accrue over two for a maximum period of 2 years, without being required to take such leave. In this situation the Employer may direct Where the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where has received such a request is made and approved by the Employerauthorisation, the Employee will agree with the Plant Manager at the time of seeking authorisation, on an agreed date when such annual leave will be taken.
21.5 An Employee covered by this Agreement, may at the Employee’s own election but on not more than one occasion in each 12 month period, make a request to the Company in writing, to be able to cash out (or receive a payment pay in lieu of taking) an amount up to a maximum of 2 weeks annual leave (including any annual leave loading normally payable on such leave). The Company may authorise the Employee’s request and the Company has the right to reject any request for payment. If the request is authorised, the Employee is entitled to an equivalent amount of annual pay to the leave foregone (at a rate that is no less than the Employee’s agreed rate of pay at the time the election is made) and the Employee’s leave balance will be reduced by that amount.
21.6 Further details concerning Annual Leave are set out in Schedule 1 and the Australian Fair Pay and Conditions Standard.
21.7 Annual leave and maintenance shutdown periods may vary in length and in timing to suit the market conditions. This may include splitting annual leave as considered appropriate by the Company to meet market conditions. Notwithstanding this, the Company will endeavour to meet the individual Employee’s needs and requirements where practicable;
21.8 The Christmas public holiday period may be utilised by the Company for production, maintenance or shutdown purposes. The maximum amount Company agrees to notify its intention on this issue by September 30 of each year.
21.9 One month’s notice is required when an Employee is applying for annual leave, unless immediate cover is available or if a case of urgent and unforeseen circumstances arises;
21.10 Employee applications for annual leave an are to be made via the Employee can forego during each 12 month Self Service facility on the Company’s intranet. This requirement will ensure that the correct period of employment notice is 2 weeks provided, the timing of applications can be determined and that employee requests for full-time status and pro-rata leave, where approved, are recorded on the payroll system;
21.11 The Company will, as per existing practice, grant leave to an employee for short periods, with a lesser periods of notice, where agreed to by Company management.
21.12 The entitlement of a part-time statusEmployee to annual leave is subject to clause 10 of Schedule 1.
Appears in 1 contract
Sources: Plant Maintenance Agreement
Annual Leave. EmployeesEvery employee, other than casualsa casual employee, shall be entitled accrue an entitlement to annual leave of four (4) weeks per annum or 13.33 hours per month after each continuous period of 12 months service, and leave be taken within six months of falling due. Annual Leave shall be taken in accordance with four (4) consecutive weeks or as otherwise agreed between the Australian Fair Pay and Conditions Standard Company The Company may establish Annual leave rosters and/or shall give each employee at least seven (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS7) days notice, the AFPCS shall take precedence to the extent or less by mutual consent, of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in date from which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, is required to take annual leave when Annual Leave. Payment shall not be made by the Company to an annual leave credit employee in lieu of Annual Leave or part thereof to which the employee is greater than what an Employee would ordinarily accrue over two years. In entitled under this situation Agreement nor shall any such payment be accepted by the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. employee except as set out below: Upon the termination of an Employee’s employment with the Employeremployment, Employee’s will be entitled to a payment in lieu of any unused accrued outstanding annual leave entitlement (inclusive of 17.5 % leave loading, except where employment is terminated by the employee) will be paid at ordinary time rate of pay The Company shall pay each employee in advance before the commencement of Annual leave, their ordinary pay for the period of Annual leave being taken paid at the ordinary time rate of pay. A loading of 17.5% of the ordinary rate of pay shall be paid in addition to that amount. Where the Annual leave or any part thereof has been taken before the right to the Annual leave has accrued, the tight to further Annual leave shall not commence to accrue until the expiration of the year of employment in. respect of which the Annual leave, or part has been so taken. A Public Holiday, which falls during a period of annual leave. Annual leave loading , shall not be payable regarded as part of that leave. However, an employee is not entitled to payment for the payment of a Public Holiday falling during their annual leave upon termination if they are absent on the day immediately before the leave commences or the day immediately after the leave concludes, unless the employee provides a medical certificate. 'Continuous Service', means a year of employment. An Employee may elect employment shall be deemed to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request be unbroken notwithstanding:
a. Any Annual Leave or Long Service Leave taken within that year.
b. Any interruption or ending is made and approved by with the Employer, the Employee will receive a payment intention of avoiding obligations in lieu respect of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusAnnual Leave or Long Service Leave.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees31.1 Annual leave for all staff, including RNs and ENs Quantity and Accrual Annual leave on full pay will accrue on a proportionate basis throughout the anniversary year so that by the end of the twelve month period the following totals have been granted by the employer:
(i) Full time employees other than casualsshiftworkers – four weeks annual leave per anniversary year
(ii) Full time shift workers – five weeks annual leave
(iii) Part time employees other than shiftworkers – four weeks annual leave on a pro rata basis
(iv) Part time shift workers – five weeks annual leave on a pro rata basis
31.2 For the purposes of the NES, a shiftworker is defined as: an employee who is not a day worker as defined; and/or an employee who works for more than four ordinary hours on 10 or more weekends. For the purpose of the above subclause, a weekend means work in ordinary time on a Saturday and/or a Sunday in any one calendar week.
31.3 Access and taking of leave for all staff, whether clinical, non-clinical or care.
(i) Annual leave shall be entitled given and shall be taken within a period of six months after the date when the right to annual leave in accordance with accrued; provided that the Australian Fair Pay giving and Conditions Standard taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six months.
(AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCSii) The employee shall give each employer where practicable, the AFPCS shall take precedence to the extent two months’ notice of the inconsistency. The Employer date upon which he or she shall provide Employees with a copy of the AFPCS enter upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for and, in any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicableevent, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading such notice shall not be payable for the payment of less than one month. Notwithstanding, annual leave upon termination requested for peak periods such as Christmas, School Holidays and other such breaks, may require a period of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. notice greater than that stated within this subclause.
(iii) Where such a request is made and approved by the Employeremployer, the Employee will receive a payment only in lieu of the amount of exceptional circumstances, annual leave at a rate no of less than one week may be taken, meeting the Employee’s agreed rate notification requirements of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status31.3(ii).
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. EmployeesWhen, other than casualsas a result of duties an employee is required to attend court while on annual leave, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus of double time for each hour or part of an hour so required or a minimum of eight (8) hours at double time whichever is the addition greater, and in addition, shall receive two (2) additional days of a loading. This loading shall leave for each day attending court be 17.5% of added to the normal weekly rate or the normal shift loading that would be applicable, which ever is greateremployee's time-bank. Annual leave shall include the weekly leave scheduled for the week in which the annual leave is signed, with the exception of sections employing hour shifting schedules. In the event that an employee is out of the city when called for court duty, expenses from the out of city and return, if necessary, at the current rates, shall be granted upon. application of the employee to the Chief of Police. Notwithstanding clause hereof, employees the hour schedule, whose weekly leave is surrounded by annual leave on either end shall be eligible for full benefits under clause when attending on the said weekly leave. Day When as a result of hisher duties, an employee is required to attend Court, at any time during the four (4) hour period immediately before the commencement of regular shift, shall be paid at the overtime rate for that period only between the time of hisher Court appearance and the time of of shift. If the Court appearance beyond the regular shift, shall be paid at the overtime rate for that period only beyond shift that. is at the disposal of the Court. Leaves of Absence Inclusive of and Association Leave When, as a result of duties an employee is to be taken at times approved attend while on maternal, paternal, adoption or association leave, shall receive benefits as described in section subsection (1)hereof. ▇▇▇▇ Leave 'When an employee attends court pursuant to hisher duties while on sick leave shall receive the benefit which would have been payable had the employee not been sick. Employees covered by an Employee’s Manager. The Employer may require annual leave Schedule "A" who, are entitled to be taken when paid in respect of "overtime" worked shall, at their option, be permitted to be paid therefore or take time off in of payment, such time off to be granted in the Employer shuts down same proportion as the business, or any part of the business in which an employee worksovertime rates. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment Such off in lieu of may be accumulated by employees in the same manner as provided with respect to court time. Time of€ earned by an employee, pursuant to of this Agreement and to Section Section of Schedule "A" at the option of the employee, be accumulated in same manner as provided by paragraph hereof. Time withdrawals from such be by mutual between employee and Chief of Police except in the case of clerical errors in which case employee will be informed before deductions are made. Employees at their option, at any unused accrued entitlement time, convert the accumulated time to pay which shall be calculated at the pay rate of the employee at time of application. Notwithstanding Clause hereof, cash withdrawals shall not exceed the relative frequency and overall amounts per year in prior years. The amounts shall be adjusted annually having regard to annual leaveincrements and increased staffing. Annual leave loading The amounts shall not include costs attached which arise as a result of employees terminating service by reason of resignation, dismissal, or retirement. It is understood that an employee accumulate up to and including hours and for all hours accumulated in excess of hours, shall be payable paid in accordance with provisions of Schedule Section (16) hereof. It is understood that time off in terms of withdrawals from the employee's time may be granted by the Duty Inspector for all or any portion of the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited shift subject to the Employee by way exigencies of the Service. Employees who as a written request result of their duties are required to attend Court outside of the City of ▇▇▇▇▇▇, shall in advance, City of ▇▇▇▇▇▇ approved travel expense monies and ▇▇▇▇▇ disbursements as in Section of this Schedule. Witness fees and expenses received to be returned to the EmployerCity of ▇▇▇▇▇▇. Where such a request is made and approved by the Employer, the Employee will receive a payment Straight time off in lieu of traveling time, will be granted in addition to the amount court appearance on the weekly leave or annual leave, etc., upon application of annual leave the employee to the Chief of Police. Straight time rates will apply for travel time in lieu when the employee is required to attend court outside the city and exceeds hisher normal hours of work for the clay. Regina Police Association, Inc. Agreement Cancellation of any notice or subpoena for an employee to attend court must, be made in writing at a rate no less than the Employee’s agreed rate of pay at least hours prior to the time of the election required attendance. Should it be impractical to notify an employee at least hours in writing, the employee shall be considered notified if: contacted by telephone; or the spouse, a spouse, of the is madecontacted. The maximum amount of annual leave an Employee can forego during each 12 month period of employment If the employee is 2 weeks for full-time status and pro-rata for part-time statusnot so notified in accordance with the foregoing, the employee shall receive the minimum benefit otherwise payable.
Appears in 1 contract
Sources: Regina Police Association Agreement
Annual Leave. Employees, other than casuals, shall be entitled to annual leave in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of paid annual leave per annum for full-time and pro-rata (three weeks from October 1998-November 1999). Entitlement to this annual leave is not in addition to existing contractual entitlements (i.e. contracted annual leave, bank, public or statutory holidays). Taking contractual paid leave in a particular leave year therefore counts against an employee’s entitlement under the Regulations. This means that those employees with substantive full time contracts, who work additionally for part-time statusthe bank, will not be entitled to further leave. Remuneration for any There is no statutory entitlement to bank or public holidays. These are simply days where an employee receives paid leave under the terms of their contract. An employee who commences employment part way through a leave year is entitled to leave proportionate to that period of the leave year remaining. If the period of leave includes a proportion of a week, this shall be calculated in days with any part days being treated as whole days. Under the Regulations an employee must have worked for the employer for 13 consecutive calendar weeks before entitlement to leave arises. However, during this time annual leave shall is still accrued. Employers are not required to adhere to this restriction, thus allowing employees within the Board to be paid at able to take up their entitlement to annual leave from the normal weekly rate plus first day of their employment as is currently the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greaterpractice. Annual leave is to cannot be taken at times approved replaced by an Employee“allowance in lieu” except where the employment relationship is terminated. Where an employee’s Manager. The Employer may require annual leave to be taken when contract is terminated during the Employer shuts down the business, or any part course of the business in which an leave year and where the proportion of leave taken is less than the employee works. This may occur for example during is due, then the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit employee is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual untaken leave. Annual Where an employee has taken more leave loading shall not than that to which they are entitled at the date of termination, the Board should be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee compensated by way of a written request to the Employer. Where such a request is made and approved payment or by the Employeremployee undertaking additional work. Mere absence from work during what would otherwise be time when the employee would be engaged on normal work tasks does not necessarily constitute leave. For example, an employee might be carrying out representative duties for which time off work was allowed by the Employee will receive a payment employer. The Regulations set out conditions in lieu respect of notice of intent to take annual leave and notice of the amount requirement to take or not to take the leave at certain dates or times. Arrangements should be made at department level in this regard. Payment of annual leave at a rate no less than is calculated in accordance with Appendix 3 which reflects the Employee’s agreed rate of pay at guidance from the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusScottish Partnership Forum Working Group.
Appears in 1 contract
Sources: Working Time Agreement
Annual Leave. Employees, (a) Every employee (other than casuals, an employee employed at piecework rates) covered by this agreement shall for each year of their employment be entitled to annual leave in accordance on full pay as follows:
(i) 5 weeks for employees who work a continuous shift roster as defined by clause 6.3 above, being shift workers for the purposes of the National Employment Standards, with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and 5th week being accrued pro-rata for part-time statusthe period that an employee is a continuous shift worker as defined by this Agreement; and
(ii) not less than 4 weeks in any other case. Remuneration The fifth week of annual leave available to employees who work a full year on a continuous shift roster incorporates continuous crush leave that employees previously received while working continuous shift work.
(b) Without limiting clause 7.7(a), Wilmar will apply the following definition of shiftworker (an employee who can be regularly rostered to work on Sundays and public holidays, if Wilmar operates shifts continuously rostered 24 hours a day 7 days a week) where that definition results in an employee being better off than if the definition of shiftworker in clause 7.7(a)(i) is applied.
(c) An employee's entitlement to annual leave accrues progressively during a year of service.
(d) Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and subject to clause 7.3 and clause 7.7(g) shall be paid at the employee's base rate of pay for their ordinary hours of work in the period.
(e) Subject to clause 7.4, if the employment of any employee is terminated, the employer shall be deemed to have given any balance of accrued but untaken leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due to them, their pay, calculated in accordance with clause 7.3, for any period balance of accrued but untaken leave and also their ordinary pay for any public holiday occurring during such period. This clause does not apply to Seasonal and Fixed Term employees, whose entitlements in relation to payment for public holidays on termination are dealt with in clause 7.15(h).
(f) Reasonable notice of the commencement of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited given to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusemployee.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. (a) Employees, ' entitlements to annual leave are governed by the NES.
(b) All employees (other than casualscasual employees) are entitled to 4 weeks of paid annual leave for each year of service.
(c) An employees’ entitlement to paid annual leave accrues progressively during a year of service according to an employee's ordinary hours of work, shall and accumulates from year to year.
(d) Annual leave will be taken at times agreed between the employee and WFG and all must be approved by WFG prior to commencement of the leave.
(e) An WFG is entitled to annual leave loading of 17.5% in accordance with the Australian Fair Pay and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence addition to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employeeemployee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for normal hourly rate during any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is taken.
(f) WFG may direct an employee to be taken at times approved by an Employee’s Manager. The Employer may require take annual leave to be taken when with the Employer shuts down giving of 1 month's notice or a lesser period by agreement, if the businessemployee has accrued more than 20 days paid annual leave.
(g) An employee may elect, or any part with the consent of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an EmployeeWFG, to take annual leave when an not exceeding 5 days in single days or part thereof, in any calendar year at a time or times agreed by the employee and WFG. Leave taken of 2, 3 or 4 consecutive days are considered single days. However, no requests for annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated will be unreasonably refused by WFG.
(h) Any annual leave credit. Upon the accrued but not taken will be paid out on termination of an Employee’s employment with the Employeremployment.
(i) An employee may request, Employee’s will be entitled in writing, to cash out a payment in lieu particular portion of any unused accrued entitlement to their annual leave. WFG will consider each request on its individual merits although WFG preference is that annual leave be used for the purpose of taking a break from work. Paid annual leave will not be cashed out if it would result in the employee’s remaining annual leave accruals being less than 4 weeks. Annual leave loading shall not will be payable for the payment of paid on any annual leave upon termination of employmentcashed out. An Employee may elect to forego an entitlement to take an amount of Any annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee cashed out will receive a payment in lieu of the amount of no longer be available as annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusleave.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employeesa) For each year of continuous service, an Employee (other than casuals, shall be a Casual Employee) is entitled to progressively accrue annual leave of 4 weeks per year based on their ordinary hours of work in accordance with the Australian Fair Pay Act. Continuous Shift Workers are shift workers for the purposes of the NES and Conditions Standard (AFPCS). This clause should be read in conjunction with therefore will also progressively accrue an additional 1 week of annual leave.
b) For the AFPCS. If any part purpose of this clause a Continuous Shift Worker is found an employee who: • Is employed in a business in which shifts are continuously rostered 24 hours a day for seven days a week; and • Is regularly rostered to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time work on those shifts; and pro-rata for part-time status. Remuneration for any period of annual • Regularly works on Sunday and public holidays.
c) Annual leave shall be paid at the normal weekly Employees all-purpose rate plus of pay for the addition of a loading. This loading shall ordinary time they would have worked had they not been on leave during the relevant period, provided leave has been accrued.
d) All applications for leave must be 17.5% of made on the normal weekly rate or the normal shift loading that would prescribed leave application form and be applicable, which ever is greater. Annual leave is to be taken at times approved by the Employee’s immediate supervisor. The application for leave should be made a minimum of 4 weeks prior to the commencement date. Approval will be subject to operational requirements, but the Company shall not unreasonably refuse a request by an Employee to take annual leave. Lesser notice may be provided by agreement between the Company and Employee (i.e. in the case of emergencies).
e) Where you so elect, you are entitled to “cash out” two (2) weeks of your annual leave in exchange for financial compensation at your all-inclusive rate of pay. You are not entitled to “cash out” any more than two (2) weeks annual leave in any one (1) calendar year. Any cashing out of annual leave must not result in an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of paid annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no being less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time status4 weeks.
Appears in 1 contract
Sources: Operations Agreement
Annual Leave. Employees, other than casuals, a. Annual Leave Does Not Apply to Casuals
b. A period of four weeks (152 hours) paid leave will be allowed annually to Full-time employees. Annual leave will accrue per month. Part-time employees shall be entitled to annual leave in accordance with on a pro-rata basis. Part-time employees annual leave shall be based on the Australian Fair Pay and Conditions Standard (AFPCS). This ordinary hours worked during the previous month inclusive of any hours worked as additional hours under clause should be read in conjunction with 9d, but exclusive of any additional hours worked where the AFPCS. If any part of this clause is found part-time employee has elected to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. receive casual loading.
c. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks taking of annual leave per annum will be by mutual Agreement, within a period not exceeding twelve months from the date it becomes due. A period of four weeks (152 hours) notice shall apply for full-the taking of annual leave that has become due or accrued. Under no circumstances shall an employee forfeit their annual leave entitlement. If the employee has extensive accumulated annual leave (ie. 8 weeks) the Company may require an employee to take 25% of accumulated annual leave at any one time by giving the employee 4 weeks notice.
d. Annual leave may be taken in single days at the request of an employee, but subject to the Company’s operational requirements.
e. Annual leave shall be taken at a time mutually agreed upon by ▇▇▇ ▇▇▇▇▇▇’▇ and pro-rata the employee and can be taken in either a continuous period or in separate periods..
f. If the employee and ▇▇▇ ▇▇▇▇▇▇'▇ agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.
g. An employee before going on accrued annual leave, will be paid the amount of wages they would have received in respect of the period of annual leave had they been working plus a loading of 17.5% on the ordinary time rate of pay.
h. Payment will not be made in lieu of annual leave.
i. Where any public holiday, for part-time status. Remuneration for which the employee is entitled to payment under this Agreement occurs during any period of annual leave taken by an employee under this Clause, the period of the leave shall be paid at the normal weekly rate plus the addition increased by one day in respect of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuspublic holiday.
Appears in 1 contract
Sources: Employment Agreement
Annual Leave. Employees, other than casuals, shall be (a) Employees are entitled to accrue an amount of paid annual leave in accordance for each 4 week period of continuos service with the Australian Fair Pay and Conditions Standard (AFPCS)employer, of 1/13 of the number of nominal hours worked for the employer during that 4 week period. Annual leave is cumulative. This clause should be read does not apply to casual employees.
(b) If continuous shift work is undertaken as defined in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with Workplace Relations Act 1996, then the AFPCS, the AFPCS shift worker shall take precedence to the extent accrue 1/52 of the inconsistency. number of nominal hours worked for the employer as a shift worker during each 12 months of continuous service.
(c) The Employer shall provide Employees with a copy of specified hours for the AFPCS upon request. Employee’s are entitled to four weeks purpose of annual leave accruals is 38 hours per annum week.
(d) In line with the operational requirements of the Company, any requests for full-time and pro-rata for part-time statusannual leave may be made by Employees to nominated representative of the Company at least 6 weeks in advance. Remuneration for any period of The employer shall have the right to fix when annual leave is to be taken.
(e) Each employee before going on leave shall be paid no less than his/her base periodic wage for the period of leave. The pay shall be at the normal weekly rate plus applicable at each site for the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business occupation in which an the employee works. This may occur for example during was ordinarily employed immediately prior to the period between Christmas commencement of their leave and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable so computed as to include overtime.
(f) Employees shall receive a loading of 17.5% provided that where an employee has been rostered to work shifts which attract a shift loading in the week prior to the taking annual leave, then instead of receiving the loading referred to above the employee shall be paid the appropriate shift loading for the shifts worked in that week.
(g) Where any holiday for which the employee is entitled to payment under this Agreement occurs during any period of leave taken by an employee under this subclause, the period of the leave shall be increased by one day in respect of that holiday provided that the payment for such holiday shall not be included in the calculation of the annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of loading.
(h) By agreement annual leave credited and/or long service leave shall be able to be cashed out provided the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual employee has at least 4 weeks total accrued leave at a rate no less than the Employee’s agreed rate of pay at the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statusremaining.
Appears in 1 contract
Sources: Enterprise Agreement
Annual Leave. Employees, other than casuals, shall be a) An Employee is entitled to 20 workdays (4 weeks) paid annual leave per year. Annual leave will accrue on a pro rata basis each month.
b) For the purpose of the additional week of annual leave provided for in the NES, a Shift worker is a 7-day shift worker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.
c) Accrual should be no more than one year’s balance.
d) Any annual leave accrued but not taken will be paid out on termination of employment.
e) An Employee may cash out annual leave with Employer approval and subject to the minimum conditions of the National Employment Standards. The Employee's request to cash out annual leave must be in writing.
f) Annual leave is payable at your salary as described in Schedule 1 for your classification. Annual leave hours paid will be deducted from an Employees accrued entitlement.
g) An Employee may be requested to return from annual leave. If this occurs the Employer will pay the Employee at the "call-out" rate and re-credit the Employee, the appropriate number of hours of annual leave.
h) The Employer will try wherever possible to minimise disruption resulting from recall from or cancellation of annual leave, and where an Employee incurs a loss of non-refundable costs, such as travel and accommodation, the Employer will reimburse those costs provided that the Employer has been advised prior to the recall.
i) Subject to compliance with the evidence and notification provisions clause 6.2, if an Employee is sick while on a period of Annual Leave, the Employer will credit the Employee's Annual Leave balance with all such time certified in accordance with the Australian Fair Pay this Agreement, and Conditions Standard (AFPCS). This clause should be read in conjunction with the AFPCS. If any part of this clause is found to be inconsistent with the AFPCS, the AFPCS shall take precedence to the extent of the inconsistency. The Employer shall provide Employees with a copy of the AFPCS upon request. Employee’s are entitled to four weeks of annual leave per annum for full-time and pro-rata for part-time status. Remuneration for any period of annual leave shall be paid at the normal weekly rate plus the addition of a loading. This loading shall be 17.5% of the normal weekly rate or the normal shift loading that would be applicable, which ever is greater. Annual leave is to be taken at times approved by an Employee’s Manager. The Employer may require annual leave to be taken when the Employer shuts down the business, or any part of the business in which an employee works. This may occur for example during the period between Christmas and New Year. Unused annual leave accumulates from year to year, but the Employer may require an Employee, to take annual leave when an annual leave credit is greater than what an Employee would ordinarily accrue over two years. In this situation the Employer may direct the Employee to take up to one quarter of the accumulated annual leave credit. Upon the termination of an Employee’s employment with the Employer, Employee’s will be entitled to a payment in lieu of any unused accrued entitlement to annual leave. Annual leave loading shall not be payable for the payment of annual leave upon termination of employment. An Employee may elect to forego an entitlement to take an amount of annual leave credited to the Employee by way of a written request to the Employer. Where such a request is made and approved by the Employer, the Employee will receive a payment in lieu of the amount of annual leave at a rate no less than debit the Employee’s agreed rate of pay at Personal Leave for the time the election is made. The maximum amount of annual leave an Employee can forego during each 12 month period of employment is 2 weeks for full-time status and pro-rata for part-time statuscorresponding time.
Appears in 1 contract
Sources: Enterprise Agreement