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Industrial Relations Act 2016
sec.33When annual leave may be taken
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### sec.33 When annual leave may be taken
An employee and employer may agree when the employee is to take annual leave.
The employer must not unreasonably refuse to agree when the employee is to take the leave.
If the employee and employer can not agree, the employer—
may decide when the employee is to take leave; and
must give the employee at least 8 weeks written notice of the starting date of the leave.
An employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it.
If the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year.
(sec.33-ssec.1) An employee and employer may agree when the employee is to take annual leave.
(sec.33-ssec.2) The employer must not unreasonably refuse to agree when the employee is to take the leave.
(sec.33-ssec.3) If the employee and employer can not agree, the employer— may decide when the employee is to take leave; and must give the employee at least 8 weeks written notice of the starting date of the leave.
(sec.33-ssec.4) An employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it.
(sec.33-ssec.5) If the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year.
- (a) may decide when the employee is to take leave; and
- (b) must give the employee at least 8 weeks written notice of the starting date of the leave.