Agreement to take annual leave in advance

Coronavirus and Australian workplace laws

If your workplace has been impacted by coronavirus, we have information about your workplace rights and obligations at Coronavirus and Australian workplace laws.

A number of temporary changes have been introduced due to coronavirus including:

  • JobKeeper – changes to the Fair Work Act to support the JobKeeper wage subsidy scheme
  • temporary award changes – allowing for temporary workplace flexibility in some awards
  • pandemic leave – unpaid and paid pandemic leave (including worker and disaster payments) during coronavirus.

    • These changes may affect the information on this page.

Welcome to our Template Tool

This tool will help you prepare an agreement to take annual leave in advance.

The tool will ask you simple questions and use your answers to tailor an agreement for you. You will be able to save and edit your agreement at the end.

Important information

Click the ! buttons for important information about workplace rights and obligations

Get help

Click the ? buttons for explanations or help answering the question

To protect your privacy none of the information you enter is stored in this tool or captured by the Fair Work Ombudsman.

Before you begin: To prepare your letter you’ll need to know if an award or enterprise agreement applies to the employee, the amount of annual leave that is being taken in advance and the day the leave will start.

All fields are required unless marked optional.

Start

If you don't wish to use this tool, you can download and complete the following blank template letter:

Employment details

Business details

Employee details

Is the employee under 18 years of age

If an employee is under 18 years of age when making the agreement, the agreement must also be signed by a parent or guardian.

Terms and conditions of employment

What applies to this employee?

Award

You should check the employee’s award to see if it allows for annual leave in advance and if so, what rules apply.

Find your award.

Enterprise Agreement

You should check the employee’s enterprise agreement to see if it allows for annual leave in advance and if so, what rules apply.

Find out more about registered agreements.

This employee is award and agreement free

Most employees in Australia are covered by an award or enterprise agreement but a few jobs and industries are not.

When an employee is award and agreement free they are entitled to at least the national minimum wage and the National Employment Standards.

Find out more about award and agreement free employees.

What applies to this employee?

Award

You should check the employee’s award to see if it allows for annual leave in advance and if so, what rules apply.

Find your award.

Enterprise Agreement

You should check the employee’s enterprise agreement to see if it allows for annual leave in advance and if so, what rules apply.

Find out more about registered agreements.

This employee is award and agreement free

Most employees in Australia are covered by an award or enterprise agreement but a few jobs and industries are not.

When an employee is award and agreement free they are entitled to at least the national minimum wage and the National Employment Standards.

Find out more about award and agreement free employees.

Leave details

If the employee takes leave in advance and their employment ends before they've accrued it all back, does the award or enterprise agreement that applies allow you to deduct the amount still owing from their final pay?

Generally, an employer can only take money from an employee’s pay it the employee’s award or enterprise agreement has a clause that allows the deduction. Enterprise agreements and some awards also require the employee to agree to the deduction in writing.

You should check the employee’s award or enterprise agreement to see what rules apply to you.

Find out more about deducting pay.

If the employee takes leave in advance and their employment ends before they've accrued it all back, does the award or enterprise agreement that applies allow you to deduct the amount still owing from their final pay?

Generally, an employer can only take money from an employee’s pay it the employee’s award or enterprise agreement has a clause that allows the deduction. Enterprise agreements and some awards also require the employee to agree to the deduction in writing.

You should check the employee’s award or enterprise agreement to see what rules apply to you.

Find out more about deducting pay.