Always on Leave??
An increasingly common issue for employers is how best to manage people who constantly want to be on leave (both paid and unpaid). This situation can result in employees seeking extended periods of absence from the workplace and the creation of operational challenges including in relation to rostering and coverage. Fortunately, though, there are lots of useful HR interventions that can be engaged to help you navigate this issue carefully.
Paid Annual Leave Entitlement (4 weeks)
The National Employment Standards (NES) in the Fair Work Act 2009 (Cth) provide for an entitlement to 4 weeks paid annual leave. This is the statutory annual leave provision and is separate to any gazetted public holidays throughout a calendar year. Contracts of employment generally mirror this provision as do leave terms contained in Modern Awards. There are some types of employees (such as shift workers) who are entitled to a 5 week statutory period of leave at law.
The NES also provide that paid annual leave ‘may be taken for a period agreed between the employer and employee’. Whilst the employer can not unreasonably refuse a request for paid annual leave, agreement to a requested period of leave requires consideration against reasonable factors. These may include if other staff are on leave at the same time and/or any significant negative impact on customer service that may arise.
What about Unpaid leave?
Leave without pay is typically grounded in local HR policy as available in exceptional circumstances only. Moreover, an employee seeking unpaid leave is generally required to have exhausted any available paid leave – both paid annual leave and sick leave (personal leave).
Expert HR Advice, guidance and support
If you are struggling with employees who seem to constantly be on leave (or applying for leave), be assured that there is help at hand. In our experience, it is best that these matters are dealt with both individually and that clear messages (careful signalling) are communicated more broadly too. We can support you with decision making regarding:
- Saying ‘No’ to an annual leave request
- Tactical HR advice on when a decision to say ‘no’ is reasonable (and when it is not)
- The preparation and issue of formal HR communication to an individual employee regarding non approval of a leave application
- Psychosocial safety in the workplace and leave of absence
- Steps to consider including when an employee claims an urgent need to travel including for family reasons
- How to best consider an application for unpaid leave
- What constitutes ‘exceptional circumstances’ with regard to unpaid leave
- How best to offer a compromise solution regarding leave of absence (both paid and/or unpaid) and what duration is reasonable in the circumstances
- What to do when an employee is already overseas on leave and contacts you seeking more leave
- Evidentiary requirements that might be appropriate (particularly for urgent unpaid leave)
- Broader organisational communication regarding annual leave and unpaid leave
- HR policy on leave administration and updating your ‘leave matters manual’.
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