Annual leave

Robyn’s employer is closing the office over Christmas and has directed employees to take holiday leave. Warren’s manager says he has way too much accumulated leave (7.5 weeks) and “must” take three weeks off over the “quiet holiday period”. Employers carry annual leave on their bottom line so if too much builds up, senior management start asking questions. And over Christmas, many customers shut down so suppliers want to do likewise, but can employers force staff to take holidays? According to my HR/legal expert, under Work Choices, an employee can only be directed to take annual leave once they have accrued two years’ worth of leave.At that point, the employee can be directed to take the equivalent of six months’ worth of leave – about two weeks.

For people not on a Work Choices agreement, look at your original employment contact or research your award conditions. For example, in NSW, the Annual Holidays Act of 1944 (great name) might well apply in which case your employer can direct you to take a vacation. You can find more about the various state and territory laws by typing “annual leave” into an Internet search engine or ask your HR manager.

On a personal note, Warren, I don’t think it’s a good idea to work for nearly two years without a break. It’s just not healthy. And Robyn, I agree that we all like to choose our own holidays, not have them chosen for us.You might be able to negotiate working some of the Christmas period but would it be safe? Would there be air-conditioning and security? It could be spooky so make sure you check up on those things.