ARTICLE · 12 MAY 2021

Can you be directed to take annual leave during a temporary shut down?

Hall Payne Lawyers

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The answer is dependent on whether you are covered by a modern award or not.

AustraliaEmployment and HR

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The notion of forced annual leave is not uncommon in Australia with many employees often requested (even required) to take annual leave during a temporary shut down of their employer's operations. This is especially common during traditional holidays, including Christmas/New Year and Easter. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?

Although many employees may be happy to take leave during festive holiday periods and school holidays, a large number of employees might prefer to work during such times. Those employees may be unhappy to be forced to take their annual leave at a time that they do not want to. They might argue that they should be allowed to decide when to use an entitlement they have worked to earn.

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