Can an employee take annual leave in advance?

The Modern Awards commonly used in children’s services contain a clause that permits employees to take annual leave in advance. These include, the Children’s Services Award, Educational Services (Teachers) Award – Schedule B only, Clerks – Private Sector Award and the Social Community Home Care and Disability Services Award.

Leave in advance can be taken by agreement between the employee and employer. If the employee terminates before they have accrued an entitlement to all the annual leave that has already been taken in advance, the value of the leave (including leave loading) can be deducted from their termination payment.