If an employee has exhausted all their paid personal/carer’s leave they may choose to request access to annual leave. However, an employee cannot expect this to apply to every scenario. Annual leave is to be taken at a time that is mutually agreeable between the employer and the employee, however an employer cannot unreasonably refuse a request to take Annual leave. An employee cannot be directed to take annual leave while they are taking paid or unpaid personal/carer’s leave.
To discuss the application of this information to a specific scenario please call the member Infoline on 1800 991 602 (option 2).