Sch 4Minimum standard for annual leave

Schedule 4—Minimum standard for annual leave continuous service means continuous service under a contract of employment and includes a period of paid leave taken under this Act or under an award or enterprise agreement; full pay means remuneration for ordinary hours of work (not including payments in the nature of penalty rates, overtime, allowances or loadings). 2—Application of standard This Schedule does not apply to a person who is engaged and paid as a casual employee. 3—Accrual of annual leave entitlement An employee's entitlement to annual leave accrues as follows— (a) an employee is entitled to 4 weeks' annual leave for each completed year of continuous service; and (b) if an employee's employment comes to an end and the period of service is not exactly divisible into complete years—the employee is entitled to ⅓ of one week's annual leave for each completed month of the remainder. 4—Taking annual leave (1) Annual leave is to be taken at a time agreed between the employer and the employee. (2) However, an employer may require an 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 if— (a) the employer and the employee fail to agree on the time for taking the annual leave; or (b) the taking of the leave is necessary to facilitate a temporary shut-down of part or all of the employer's business operations. (3) If an employer determines the time for taking annual leave under subsection (2)(a), the leave must begin within 12 months after the entitlement to the leave accrues. 5—Annual leave to be on full pay (1) A full-time employee is entitled to full pay for a period of annual leave. (2) A part-time employee is entitled to pro-rata pay for a period of annual leave. (3) If an employee's employment comes to an end before the employee has taken all the annual leave to which the employee is entitled, the employee (or the employee's estate) is entitled to the monetary equivalent of that leave.