Based on what you've told us, it looks like you're covered by the Restaurant Industry Award [MA000119].
Employees can cash out annual leave under the Restaurant Award. To cash out annual leave they need to have:
- at least 4 weeks annual leave left after the cash out
- a signed written agreement with their employer that outlines the amount of leave being cashed out, the amount they will be paid and the date it will be paid. If the employee is under 18 their parent or guardian must also sign it.
Employers have to keep this agreement for the employee's records.
The payment for cashed out annual leave has to be the same as what the employee would have been paid if they took the leave.
An employee can't cash out more than 2 weeks each 12 months.
An employer can't force or pressure an employee to cash out annual leave.
Employers and employees can use the Cashing out annual leave template (DOCX 20.3KB) when cashing out annual leave.
Restaurant Industry Award resources
We’ve made it easier for you to find information about your pay and entitlements under the Restaurant Industry Award. For more tailored information about your Award, visit our interactive tool.
We've got new and improved templates to help people in the Restaurant Industry. Try our interactive template tools.
To find out more about who this award applies to, go to the Restaurant Award summary.
Source reference: Restaurant Industry Award [MA000119] clause 25.9