Common use of Excess Leave Clause in Contracts

Excess Leave. 25.11.1 Notwithstanding the provisions of clause 25.3 above, the Employer may direct an Employee to take a period of annual leave in accordance with this subclause. Where an Employee has accrued more than 8 weeks paid annual leave (10 weeks in the case of shift workers as defined in this clause), such Employee has accrued excess annual leave (“Excess Leave”). In the circumstances of Excess Leave, annual leave shall be given at a time fixed by the Employer after not less than eight weeks’ and not more than 12 months’ notice to the Employee, provided: 25.11.1.1 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 6 weeks within a period of six months (leave reduction plan); 25.11.1.2 The Employer will not unreasonably refuse to agree to an Employee’s leave reduction plan which includes 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; 25.11.1.3 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 6 weeks; and 25.11.1.4 The direction is not inconsistent with any leave arrangement agreed by the Employer and Employee.