Your employer cannot unreasonably refuse to agree to your request to take paid annual leave.
However, your employer may take the following factors into consideration when assessing whether to grant or refuse annual leave:
- whether you have provided your employer with reasonable notice so that they are able to arrange coverage by other staff;
- the length of time of annual leave you have requested;
- the operational requirements of the business (for example, if the requested annual leave falls during your employer’s busiest period and your employer does not have enough staff available); and
- whether other employees will also be on leave during the requested leave period.
Leave processes, policies and procedures
You should refer to your employment contract, relevant award, and/or enterprise agreement. You should also look in those documents for statements to the effect that leave cannot be taken in a particular period. It is common in some industries, like retail and hospitality, for some periods to be nominated as times when leave will not be granted.
Dispute Resolution
As with any dispute, you should always try and resolve the issue through discussion with your employer. You may be able to reach a compromise or alternative arrangement that is workable for yourself and your employer.
If your employer still refuses to agree to you taking annual leave, there are mechanisms available to help resolve disputes with your employer. You can check your award or enterprise agreement for dispute resolution provisions.
In more serious instances, your dispute may be referred to the Fair Work Commission for a mediation to negotiate the issues with your employer.
‘Cashing out’ leave
It is worthwhile noting that in some industries and circumstances, if you and your employer cannot agree to you taking annual leave, you and your employer may agree to you ‘cashing out’ an amount of your accrued paid annual leave. You should get legal advice before you agree to cash out leave.
If you believe your employer has unreasonably refused you taking annual leave or you would like to discuss your options, please feel free to contact Morgan Couzens Legal on (03) 5722 4681.
MORGAN COUZENS LEGAL
