AP777903 - Crisis Assistance Supported Housing (Queensland) Award 1999
35.1 Period of Leave
35.1(a)(i) A full time or part time employee under this award is entitled to a period of 28 consecutive days leave, including non-working days, (i.e. 4 weeks) after each 12 months service (less the period of annual leave) with an employer.
35.1(a)(ii) An employer may reach agreement with the majority of employees concerned to convert the entitlements in 35.1(a)(i) or 35.2 to an hourly entitlement (i.e. 152 hours or 190 hours respectively for a full time employee) for administrative ease.
35.1(b) The annual leave for full time and part time employees accrues at a rate of 2.923 hours for each 38 ordinary hours worked.
35.1(c) Casual employees are not entitled to annual leave.
35.2 Additional Leave for Seven Day Shift Workers
In addition to leave provided for in 35.1, shift workers, that is shift workers who are rostered to work over seven days of the week, shall be allowed seven consecutive days leave including non-working days.
Where an employee with 12 months continuous service is engaged for part of the 12 monthly period as a seven day shift worker, that employee is entitled to have the period of leave prescribed in subclause 35.1 increased by half a day for each month he or she is continuously engaged as a seven day shift worker.
35.3 Payment for Period of Annual Leave
Subject to subclause 35.2 employees, before going on leave, are to be paid the wages they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. This amount shall be calculated as follows:
35.3.1(a) All Employees
The wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of leave, including allowances, loadings and penalties paid for all purposes of the award, and any other wages payable under the employee’s contract of employment including any over award payment.
The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
35.4 Loading on Annual Leave
During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed by subclause 34.5.3.
The loading shall be as follows:
35.4.1(a) Day Workers – employees who would have worked on day work only had they not been on leave – a loading of 17 ½ per cent or the relevant weekend penalty rates, whichever is greater but not both.
35.4.1(b) Shift Workers – employees who would have worked on shift work had they not been on leave – a loading of 17 ½ per cent or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
35.4.2 The loading prescribed by this subclause does not apply to:
35.5 How to Calculate the Leave Entitlement
35.5.1(a) Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
35.5.1(a)(i) in a 12 month period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. worker’s compensation leave, paid sick leave, paid carers leave);
35.5.1(a)(ii) long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked;
35.5.1(a)(iii) any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.
35.5.1(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this award include:
35.5.1(b)(i) any absences with reasonable cause, proof of which shall be upon the employee;
35.5.1(b)(ii) any leave without pay taken with the agreement of the employer.
35.5.1(b)(iii) parental leave.
35.5.1(c) Where a business is transmitted from one employer to another, as set out in 40.2 of this award, the period of continuous service that the employee had with the transmittor or any prior transmittor shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
35.6 Public Holidays Falling in a Period of Leave
35.6.1(a) If any public holiday prescribed by clause 36.1 of this award 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, there must be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.
35.6.1(b) Where a holiday or holidays falls in a period of annual leave and the employee, fails, without reasonable cause, to attend for work at the employees ordinary starting time on the working day immediately following the last day of the period of annual leave, the employee shall not be entitled to be paid for the holiday or holidays.
35.7 Annual Leave in one or more Separate Periods
35.7.1(a) Annual leave is to be given by the employer and taken by the employee in up to four separate periods.
35.7.1(b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than four separate periods including up to a maximum of 10 single days.
However, one period of annual leave must be of at least seven consecutive days, including non-working days.
35.8 Leave is to be Taken
The annual leave provided by this clause must be taken as leave and except as provided by subclause 35.11.1 (a) and 35.11.1(b), payment will not be made or accepted in lieu of annual leave.
35.9 Time of Taking Leave
35.9.1(a) Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to leave accrued.
35.9.1(b) An employer can require an employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken.
35.9.1(c) By agreement between an employer and an employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued.
35.10 Leave Allowed Before Due Date
35.10.1(a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued. Approval of any application for advance leave will be subject to the employer’s convenience and will not unreasonably affect the operation of the facility concerned, but will not be unreasonably withheld.
35.10.1(b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 35.11 the employer will not be liable to make any payment to the employee under subclause 35.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.
35.11 Proportionate Leave on Termination
An employee other than a casual who:
35.11.1(a) after one week’s continuous service in the first qualifying 12 monthly period with an employer, lawfully leaves the employment of the employer, or is terminated by the employer through no fault of the employee; or
35.11.1(b) after 12 months continuous service with an employer, leaves the employment of the employer or is terminated by the employer for any reason;
shall be paid 2.923 hours for each 38 ordinary hours worked and in respect of which leave had not been granted under this clause at the appropriate rate of wage calculated in accordance with subclause 35.3.
