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HT for Small Biz - Newsletter

Commonly Asked Questions - Annual & Long Service Leave

Question: Can an employee take Annual Leave shortly after he/she has commenced with the company?

Answer: Leave begins accruing from the day that an employee starts working for you. This means that if he/she has been working long enough to acquire the necessary Annual Leave entitlement, he/she is eligible to apply for the Annual Leave. The dates need to be approved by the employer, however, the employee has the right to request the leave.

Question: What if an employee does not have the required Annual Leave entitlement?

Answer: If an employee applies for Annual Leave but has no leave entitlement then he/she is not entitled to paid annual leave. Options may include the employer approving either leave without pay, or paid annual leave in advance, allowing the employee to go into a negative leave balance.


Question: Can an employee cash out his/her Annual Leave Entitlement?

Answer: With agreement of both the employee and employer, an employee may cash out this/her Annual Leave entitlement as long as after cashing out said Annual Leave entitlement the remaining accrued entitlement is not less than four weeks.


Question: What are employee Long Service Leave entitlements?

Answer: Long Service Leave entitlements are governed by relevant State and Territory legislation. Each state and territory has different long service leave entitilements.Therefore it is necessary to know what those relevant entitlements are.


Question: Can an employee's Long Service Leave entitlements be cashed out?

Answer: This would depend on the relevant State and Territory Legislation. Some State and Territories allow the cashing-out of Long Service Leave while others do not.

Feel free to call us on (02) 8882-9694 if you have any questions regarding annual and long service leave.

 Suite 4.05, 5 Celebration Drive
 Bella Vista NSW 2153

Ph: 02 8882 9694 M: 0415 225 920 

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