Based on what you've told us, it looks like you're covered by the Restaurant Industry Award 2010 [MA0000119].
Taking leave in advance
Employees can take annual leave in advance if their employer agrees in writing. The agreement needs to:
- be signed by both the employer and the employee (if the employee is under 18 their parent or guardian must also sign it)
- say how much annual leave is being taken in advance
- say the day the leave will start.
Employers have to keep this agreement for the employee's records.
If an employee takes leave in advance and their employment ends before they've accrued it all back, the employer can deduct the amount still owing from their final pay.
Employers and employees can use the Annual leave in advance template (DOCX 20.6KB) to record annual leave taken in advance.
Excessive annual leave
An excessive annual leave balance is at least 8 weeks of accrued annual leave (10 weeks for a shiftworker).
If an employee has an excessive annual leave balance, they can give their employer notice that they’re taking a period of leave, which their employer has to allow. This only applies if they:
- haven’t been able to agree with their employer about when to take the leave
- have had an excessive annual leave balance for more than 6 months
- don’t have arrangements to take leave so that they no longer have an excessive annual leave balance (e.g. directed by the employer to take leave or already have planned leave).
The employee needs to give the employer 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.
An employee can’t request leave using this method for more than 4 weeks (5 weeks for a shiftworker) in a 12 month period.
Direction to take excess annual leave
For information on whether employers can direct employees to take leave if they have a large amount accrued, go to Direction to take excess 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.
Source reference: Restaurant Industry Award 2010 [MA0000119] clauses 35.6 and 35.7