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Under section 94 of the Fair Work Act 2009, an employer can direct an award/agreement free employee to take a period of paid annual leave, but only if the requirement is reasonable.
A requirement to take paid annual leave may be reasonable if, for example, the employee has accrued an excessive amount of paid annual leave or the employer’s enterprise is being shut down for a period (for example, between Christmas and New Year).
This template letter is specific to employees that are not covered by a modern award or enterprise agreement. It is only to be used if the employer has genuinely tried to reach agreement with an employee to take annual leave but agreement is not reached.
For further advice about whether a direction to take paid annual leave is reasonable, please call the Workplace Advice Line on 1300 55 66 77.
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| Date | Update |
|---|---|
| 15/11/2019 | This letter has undergone a periodic review. No significant changes have been made. |
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