Annual leave

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  • shalenp
    New Member
    • Oct 2019
    • 1

    #1

    [Question] Annual leave

    Good Day,
    Hope i can get some guidance

    My contract states:
    11.2 Leave days not taken within 6 months of the employees annual leave falling due will be forfeited unless written approval is given by the manager.

    This means we could carry over leave for 6 months into the next year.

    We have know been told this is no longer allowed,

    It is an operational requirement that leave needs to be taken during the financial year.
    And they are citing the below point int the contract:
    11.4. Leave at all times to be taken in consultation with the Employee’s immediate manager, and may be refused on the basis of the Company’s operational requirements, and the Company is entitled to oblige the Employee to take leave during certain times of the year due to operational requirements.

    I feel point 11.4 is regarding forced leave during christmas/newyear/shutdown periods and not pertaining to leave during the entire financial year,

    Any feedback appreciated?
  • Dave A
    Site Caretaker

    • May 2006
    • 22810

    #2
    You seems to be on the right track. My main comment is you need to talk to HR or your manager to clarify what the company intends over the coming year.

    The second point is make sure you get your applications for leave in timeously. At least then if the application is declined, management would be hard-pressed not to condone you keeping the leave...
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