Can an employer force an employee to take annual leave?
It is up to each employer and employee to agree on when, and for how long, paid annual leave may be taken. However, an award or registered agreement may allow for an employee to be directed by the employer to take annual leave in certain circumstances, for example: • during a period of shutdown (such as between Christmas and New Year) • if the employee has an excessive accumulated annual leave balance. The employer’s requirement or direction to take leave must be reasonable, taking into account factors such as: • the needs of the employer and the employer’s business • an agreed arrangement with the employee • custom and practice of the business • timing of the direction or requirement to take leave, and • reasonableness of the period of notice given. The provision to direct an employee to take leave in the circumstances prescribed above may be contained in an award or registered agreement; therefore you need to check the terms of the instrument that covers the employee. You can’t direc
