AN150140 – Social and Community Services Award
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
CLAUSE 7.1 ANNUAL LEAVE
OPDATE 07:03:2006 on and from
7.1.1 An employee (other than a casual employee) is entitled to annual leave, as prescribed in 7.1.2, for each completed year of continuous service.
7.1.2 Annual leave entitlement as prescribed in 7.1.1 will be:
(a) if the employee is regularly rostered for duty over seven days of the week - five weeks with pay;
(b) any other employee - four weeks with pay.
7.1.3 Accrual of annual leave
7.1.3.1 A full-time employee’s entitlement to annual leave accrues as follows for each completed year of continuous service:
(a) employees entitled to five weeks annual leave - 15.83 hours for each complete month of service;
(b) employees entitled to four weeks annual leave - 12 2/3 hours for each complete month of service.
7.1.3.2 Part-time employees will be allowed annual leave of five or four weeks per annum as prescribed in clause 7.1.2.
Accrual of hours for payment for annual leave will be calculated proportionately based on the ratio of the number of hours worked each week bears to thirty-eight.
7.1.4 Annual leave exclusive of public holidays
The annual leave prescribed by this clause is exclusive of the public holidays named in this Award and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, the period of leave will be increased by one day for each such holiday.
7.1.5 Time of taking annual leave
7.1.5.1 Annual leave is to be taken at a time or times agreed between the employer and the employee. Notwithstanding the provisions of this clause and without the intention of disrupting continuous period(s) of annual leave, by agreement between the employer and employee, a full-time employee may take annual leave in single day periods not exceeding 10 days in any calendar year for the purposes of personal leave to care for a family member as set out in 7.5.
7.1.5.2 If an employer and an employee fail to agree on the time (or times) for taking annual leave, or part of it, the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 weeks before the period of annual leave is to begin.
7.1.5.3 If an employer determines the time for taking annual leave, the leave must be granted and must begin within 12 months after the entitlement to the leave accrues.
7.1.5.4 To assist employees in balancing their work and family responsibilities, an employee may elect with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of the entitlement.
7.1.6 Proportionate leave on termination
If after one month’s continuous service in any qualifying twelve monthly period an employee leaves such employee's employment or such employee's employment is terminated by the employer, the employee will be paid pro rata leave at the rate of 1/12th of the annual leave for which such employee would be eligible for each completed month of service in respect of which such employee has not been granted annual leave.
7.1.7 Payment for period of leave
7.1.7.1 Each employee, before going on annual leave, will be paid the amount of wages the employee would have received in respect of ordinary time the employee would have worked had the employee not been on leave during that period. For the purposes of this clause 7.1.7 the following payments in addition to the award rates of pay for the appropriate classification, where applicable, will be included in determining the amount so payable for annual leave:
(a) Uniform allowances;
(b) Other payments to which an employee is entitled in accordance with the employee's contract of employment for ordinary hours of work other than:
(i) Special rates;
(ii) Travelling or board allowances;
(iii) Overtime.
7.1.7.2 Payment for pro rata leave entitlement and payment for same upon termination will be in accordance with 7.1.7.1 and 7.1.8.
7.1.7.3 Payment must not be made or accepted in lieu of taking annual leave except in the case of termination of employment.
7.1.8 Annual leave loading
An employee is entitled to payment of a loading being the greater of:
(a) 17 1/2 per cent of the payment for the period of leave calculated at the employee’s classification rate of pay when the employee commences leave, or
(b) the weekend and shift penalties the employee would have received had the employee not been on leave during the relevant period.
7.1.9 Leave allowed before due date
7.1.9.1 An employer may allow annual leave to an employee before the right thereto has accrued.
7.1.9.2 Where leave is taken in such case a further period of annual leave will not commence to accrue until after the expiration of the period in respect of which annual leave had been taken before it accrued.
7.1.9.3 Where an employer has granted to an employee annual leave in advance of the employee’s entitlement and the employee’s employment is terminated the employer is entitled to deduct from any remuneration payable on termination the amount of leave paid in advance.
7.1.10 Programmed day off
No credit towards a programmed day off will accrue during any absence on annual leave for the first four weeks of leave taken from each year's entitlement.
7.1.11 Calculation of month
For the purposes of this clause, a month commences on the day of the month when the full time or part time employment of an employee commenced and ends one calendar month later. If there is no such day in the subsequent month, it is the last day of the subsequent month.
Eg. A worker begins employment on 31 January. The worker will accrue one month of service on 28 February. The same worker will accrue three months of service on 30 April.
