Cashing Out of Annual Leave Clause Samples
The 'Cashing Out of Annual Leave' clause allows employees to receive payment in lieu of taking their accrued annual leave. Typically, this clause outlines the conditions under which employees can request to cash out a portion of their unused leave, such as requiring a minimum balance of leave to remain or limiting the frequency of such requests. Its core practical function is to provide flexibility for employees who prefer additional income over time off, while ensuring that a minimum amount of leave is retained for rest and compliance with employment standards.
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Cashing Out of Annual Leave. (a) An Employee may cash out an amount of accrued but untaken annual leave on the following basis:
(i) the Employee may elect to cash out an amount of annual leave such that the Employee’s remaining accrued annual leave entitlement after cashing out is not less than 4 weeks;
(ii) the Employee must make a written election, to the Employer, stating that the Employee wishes to cash out a portion of their accrued annual leave;
(iii) the Employer, in its discretion, provides written authorisation to the Employee to cash out the accrued annual leave; and
(iv) the Employee shall be paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that they cash out in accordance with this clause 25.5.
(b) If an Employee cashes out an amount of accrued annual leave in accordance with this clause 25.5:
(i) the Employer will, within a reasonable time, give the Employee the amount of pay they would have received if they had taken the annual leave that the Employee cashed out; and
(ii) the Employee will no longer be entitled to the annual leave they have cashed out.
Cashing Out of Annual Leave. (a) Annual leave credited to an employee may be cashed out, subject to the following conditions:
(i) the employee must elect in writing to receive pay in lieu of an amount of annual leave;
(ii) during each 12 month period, an employee is not entitled to forgo an amount of annual leave that is equal to more than 1/26 of the ordinary hours worked by the employee during the period;
(iii) the employer has agreed to the employee cashing out the annual leave; and
(iv) the payment in lieu of the amount of annual leave shall be at a rate that is no less than the employee’s ordinary pay at the time that the election is made.
(b) Cashing out of Annual Leave accrued prior to the Act
Cashing Out of Annual Leave. (a) Paid Annual Leave must not be cashed out except in accordance with an agreement under clause 41.8.
(b) Each cashing out of a particular amount of paid Annual Leave must be the subject of a separate agreement under clause 41.8.
(c) The Employer and an Employee may agree in writing to the cashing out of a particular amount of accrued paid Annual Leave by the Employee. An agreement this clause must state:
(i) the amount of Annual Leave to be cashed out and the payment to be made; and
(ii) the date on which the payment is to be made.
(d) An agreement under clause 41.8 must be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.
(e) The payment must not be less than the amount that would have been payable had the Employee taken the Annual Leave at the time the payment is made.
(f) An agreement must not result in the Employee’s remaining accrued entitlement to paid Annual Leave being less than four (4) weeks.
(g) The Employer must keep a copy of any agreement under clause 41.8 as an Employee record.
Cashing Out of Annual Leave. An Employee who has accrued at least 12 months service with the Employer and providing the Employer authorizes the Employee to forgo the amount of leave, an Employee may elect (in writing) to cash out up to 2 weeks annual leave, paid as a lump sum.
Cashing Out of Annual Leave. (a) Annual leave credited to an employee may be cashed out by agreement, subject to the following conditions: (refer to section 93 of the Act)
(i) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and
(iii) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.
Cashing Out of Annual Leave. (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 27.6.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 27.6.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 27.6 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 27.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 27.6 as an employee record. NOTE 1: Under section 344 of the FW Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 27.6.
Cashing Out of Annual Leave. (a) Paid annual leave must not be cashed out except in accordance with an agreement under this subclause.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement.
(c) An Employer and an Employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the Employee.
(d) The agreement under this subclause must:
(i) state the amount of leave to be cashed out and the payment to be made to the employee for it;
(ii) state date on which the payment is to be made; and
(iii) be signed by the Employer and Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.
(e) The payment must not be less than the amount that would have been payable had the Employee taken the leave at the time the payment is made.
(f) An agreement under this subclause must not result in the Employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(g) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(h) The Employer must keep a copy of any agreement under this subclause as an employee record.
Cashing Out of Annual Leave. (a) Annual leave credited to an employee may be cashed out by agreement, subject to the following conditions:
(i) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and
(ii) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the employer and the employee; and
Cashing Out of Annual Leave. 60.1 An Employee may, with the consent of the Employer, choose to cash out paid annual leave in accordance with this clause 60.
Cashing Out of Annual Leave. An employee may cash out up to two weeks of the employee’s annual leave credit where that credit has exceeded two years accumulated leave subject to the following: