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  1. #1
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    Default Question about annual leave (NSW)

    Just a quick question for those who know, if I am entitled to annual leave, doesn't employer have to let me take days off?

    I only work 1 day per week at a small family run business but I have 2 days accrued for annual leave. I've been working here since feb this yr and have NEVER asked for a day off apart from a few sick days.

    I am finishing up work on the 24th December as I'm pregnant and baby due end of jan, the business is closed for Christmas from 24th dec to 6th jan so not much point me coming back to work in jan anyway.

    I asked my boss if I could take leave next week an she said no. I asked when I could take leave (DH and I want to go away to QLD for a 10 day holiday before christmas and before baby comes)

    What are my rights here?

    She's saying its unreasonable to ask for leave as i only have a few weeks left of work till I finish up and they are 'under the pump' but she does have another girl come in on Thursdays anyway to do the same job that I do...

  2. #2
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    Without adequate notice I believe they can say no.

  3. #3
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    She's said normally I'd have to give 2 weeks notice, so if that's in my contract and I'm willing to wait 2 weeks, what then?

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    Modified: it depends entirely on the award you signed/job you ate in. In most cases they are entitled to say no if they have adequate business reasons. In my award as well you are only entitled to take leave after you have worked for 1 year (most allow it earlier though but they have every right to refuse), and after you need to come to an mutual agreement of when the leave can take place. If you still have leave when you resign, you will be paid out.

    Edit: if you are leaving your job and really want the time off you could always call in sick, but that is a crappy thing to do.
    Last edited by Little Miss Sunshine; 29-10-2013 at 08:34.

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    Quote Originally Posted by Daptoamy View Post
    They are entitled to say no if they have adequate business reasons. I think (I could be wrong) that you are only entitled to take leave after you have worked for 1 year (most allow it earlier though), and after the year you need yo come to an agreement of when the leave can take place. If you still have leave when you resign, you will be paid out.

    Edit: if you are leaving your job and really want the time off you could always call in sick, but that is a crappy thing to do.
    I'm pretty sure you don't have to work there for a year before taking leave if you are accruing annual leave weekly, eg each week it shows on your pay slip you've accrued 2/3/7 more hours.

    To take annual leave I always give about a months notice. I don't know what your 'rights' are as such sorry OP

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    Thanks, this sucks! I've never had an issue with taking leave with other employers I've had a lot of issues with this one unfortunately

    It is really ****ty as no matter what the circumstance, she would say that it 'wasn't a good time' and deny me leave.

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    If you're wanting to go before away before Christmas, could you finish up two weeks earlier than planned and use your AL for those days and go on holidays then?

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    http://www.fairwork.gov.au/leave/nat...s/default.aspx

    I also modified my above response too. Good luck op
    Last edited by Little Miss Sunshine; 29-10-2013 at 08:36.

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    Quote Originally Posted by redlipsandpearls View Post
    If you're wanting to go before away before Christmas, could you finish up two weeks earlier than planned and use your AL for those days and go on holidays then?
    I did think of that, only problem is it would be right in peak season which is too expensive and also I'll be really big by then and don't know if I could handle the long car ride as well. Plus we don't want to be rushing back before Christmas as we have family coming up.

    I'm going to see if instead if taking annual leave, maybe I could swap my work days from a Tuesday to a Monday and then a Friday

    She's us not very flexible or understanding though ( past issues) and she will most likely say no to that as well!

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    If she's going to be a b!tch I'd just get your doctor to write a letter saying you need to finish work earlier.


 

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