What are your entitlements?
All employees, other than casual employees, are entitled to four weeks of annual leave per year, or five weeks per year if they are a shift worker.
How much does an employer pay?
The employee must be paid at least their base rate of pay for their ordinary hours during a period of annual leave, unless their Award, enterprise agreement or contract provides a greater entitlement.
When can annual leave be taken?
Annual leave under the NES does not have to be taken each year, as the entitlement can accumulate. The employer must not unreasonably refuse an employee’s request to take annual leave.
Q: If an employee is on annual leave that falls over a public holiday, are they paid for the public holiday or does this count as annual leave?
A: Employees are entitled to be paid their ordinary hours for public holidays. Therefore, the employee would be paid for the public holiday, rather than the leave being deducted from their annual leave balance.
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