Employer Rights: Directing an Employee to Take Leave in Australia
Since the outbreak of COVID-19, many business owners have asked about their employer rights regarding directing an employee to take leave. While leave entitlements have generally remained the same, it is vital to understand how to manage staff absences legally.
There are three primary ways an employee can take leave. While this list covers the basics, always check your specific Modern Award or Enterprise Bargaining Agreement (EBA) for extra provisions.
1. Taking Leave by Mutual Agreement
An employee can take leave if both parties agree to it in writing. This includes annual leave, long service leave, or other types found in the National Employment Standards (NES). If staff request Long Service Leave, ensure you follow your specific State or Territory legislation.
2. Employer Rights: Directing an Employee to Take Leave
Can you force a staff member to go on holiday? Yes, there are times when you can exercise your employer rights by directing an employee to take leave.
Many Modern Awards allow you to direct staff to take leave if they have a large “bank” of accrued hours. Some EBAs have similar rules. We recommend re-reading your specific Award or EBA to confirm these provisions. If an employee is “award-free,” you can still direct them to take leave if the request is deemed reasonable.
3. Requesting Leave Without Pay
A third option is leave without pay. An employee can request time off without receiving wages for that period.
During the current pandemic, we suggest having open conversations with your team. Staff may agree to take accrued leave to help your business stay open for the future. For more information click here
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If these steps seem unclear or you are afraid of making a legal mistake, we can help.
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