It can be a stressful time if you need to use personal leave for an extended period, whether that is for yourself or for caring for a family member, and you run out of personal leave. You may have considered whether it is an option for you to take annual leave rather than unpaid leave when you have exhausted your personal leave accrual.
Whilst your annual leave entitlements are typically for leisure purposes, an employer cannot unreasonably refuse a request for annual leave if you seek to use your annual leave entitlements when you or a family member are unwell. Unreasonably refusing to allow an employee to take annual leave upon request may constitute a breach of the Fair Work Act 2009 (Cth) and the National Employment Standards.
We recommend that you get in touch with your employer as soon as you think it might be necessary to begin using your annual leave accrual. Good communication and advance notice can be helpful in managing what is almost certainly a stressful situation for all.
What is a reasonable reason to refuse a request for annual leave?
An employer might reasonably refuse a request for annual leave in the following circumstances:
- a. you make a request for annual leave at very short notice;
- b. you wish to take leave at the same time as other employees, meaning there will not be enough staff to run your workplace;
- c. the time of year (i.e. Christmas, Easter or other similar times of year) would cause operational issues for your workplace;
- d. you wish to use a lot of annual leave at once and it is not possible for your employer to cover your workload for that length of time.
This list is not exhaustive and what is considered reasonable varies between industries and workplaces.
Other personal leave information you might like to know:
How much personal leave am I entitled to?
Full-time employees accrue 10 days of paid personal leave (inclusive of carer’s leave) per year and part-time employees accrue the pro-rata equivalent. Your employment contract may allow for more personal leave, but it cannot allow for less personal leave.
Does my personal leave expire?
No. Personal leave (also known as ‘sick leave or carer’s leave’) does not expire at the end of the year if it is not used. Please see our blog for more information here: https://morgancouzenslegal.com.au/does-my-personal-leave-expire-each-year/
If you would like advice in relation to leave entitlements, please contact us on (03)57224681.
MORGAN COUZENS LEGAL
If you would like to learn more about personal leave and other leave entitlements, please read our other blogs:
I need to care for a family member, can I take personal leave?
