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Industrial Relations Act 2016
sec.31Entitlement
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### sec.31 Entitlement
For each completed year of employment with an employer, an employee is entitled to—
if the employee is not a shift worker—at least 4 weeks annual leave; or
if the employee is a shift worker—at least 5 weeks annual leave.
Annual leave is exclusive of a public holiday that falls during the leave.
However, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.
Annual leave accumulates.
This section does not confer an entitlement or an additional entitlement in relation to employment before 4 June 1999.
In this section—
shift worker means an employee who—
is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and
works a rotating roster that includes each of the shifts.
(sec.31-ssec.1) For each completed year of employment with an employer, an employee is entitled to— if the employee is not a shift worker—at least 4 weeks annual leave; or if the employee is a shift worker—at least 5 weeks annual leave.
(sec.31-ssec.2) Annual leave is exclusive of a public holiday that falls during the leave.
(sec.31-ssec.3) However, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.
(sec.31-ssec.4) Annual leave accumulates.
(sec.31-ssec.5) This section does not confer an entitlement or an additional entitlement in relation to employment before 4 June 1999.
(sec.31-ssec.6) In this section— shift worker means an employee who— is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and works a rotating roster that includes each of the shifts.
- (a) if the employee is not a shift worker—at least 4 weeks annual leave; or
- (b) if the employee is a shift worker—at least 5 weeks annual leave.
- (a) is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and
- (b) works a rotating roster that includes each of the shifts.