Direction to take excess annual leave
Under some awards and enterprise agreements, employers can direct employees to take paid annual leave if they have a lot of annual leave.
On this page:
- Direction to take excess annual leave under an award
- Direction to take excess annual leave under an agreement
- Direction to take excess annual leave for award and agreement free employees
- Tools and resources
- Related information
Direction to excess annual leave under an award
Find information about when an employee can be directed to take excess annual leave in your award by selecting from the list below.
Direction to take excess annual leave under an agreement
If you're covered by an enterprise agreement, check the terms of your agreement for information about when an employee can be directed to take excess annual leave. To find an agreement, go to the Fair Work Commission website.
If an agreement says an employee can be directed to take excess annual leave but doesn't set out specific rules about this, then the direction must be reasonable.
Direction to take excess annual leave for award and agreement free employees
An employer can require an employee who isn’t covered by an award or agreement to take paid annual leave if the requirement is reasonable. This can include when the employee’s leave balance is excessive.
Source reference for page: Fair Work Act 2009 section 93, 94
