Direction to take excess annual leave
Under some awards and registered agreements, employers can direct employees to take paid annual leave if they have a lot of annual leave.
On this page:
Find information about when an employee can be directed to take excess annual leave in your award by selecting from the list below.
Based on what you've told us, it looks like you're covered by the Security Services Industry Award [MA000016].
Employees can be directed to take annual leave if they have at least 8 weeks accrued (10 weeks for a shiftworker). This only applies if they haven't been able to agree with their employer about when to take the leave.
The employer has to:
- tell the employee in writing that they need to take annual leave
- give the employee at least 8 weeks notice (and not more than 12 months) of when the leave will start.
The leave has to be at least 1 week long and can't result in the employee having less than 6 weeks accrued leave.
Employers can use the Direction to take excessive annual leave template (DOCX 51.9KB) when directing employees to take excess annual leave.
To find out more about who this award applies to, go to the Security Award summary.
Source reference: Security Services Industry Award [MA000016] determination .
- Building, construction and on-site trades
- Contract cleaning services
- Don't know
- Hair and beauty
- Health support services
- Real estate
- Road Transport
- Social, community, disability and home care services
- Storage services and wholesale
Direction to take excess annual leave under an agreement
If you're covered by a registered agreement, check the terms of your agreement for information about when an employee can be directed to take excess annual leave. To find a registered agreement, go to the Fair Work Commission website
If a registered 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.
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