4 months annual leave/LSL request

[laurenh]

Hi Everyone

I am HR for a medium-large size company in Brisbane, and have come across a tricky situation I would love some advice on.

We have a long serving employee here (15 years next year), who has submitted a leave request to her manager for 4 months leave starting in August 2012. She has about 10 weeks annual leave owing plus her 12 weeks long service. The employee has an admin position.

Her manager has declined this leave request, saying she can only take 6 weeks. I can't find any written law about this, only that leave has to be mutually agreed between employer and employee.

Basically, the manager doesn't want to pay for a temporary cover, plus the employee took 3 months off last year and 6 weeks this year. The employee has complained to me about it but I don't think there is much she can do? If she resigns we will have to pay out her leave and pay to train a new person anyway so I don't see what the major problem is with letting her have the time off.

We don't have a policy here regarding annual leave accrual limits but I'm looking into it.

Any thoughts on this would be greatly appreciated!
Lauren

[Qld IR Consultant]

I would think that the manager is not thinking clearly, especially given the advance notice that has been given. Most employers would be greatful to get half that amount of notice. I recommend mediating between the employee and the manager to find an amicable working solution. Otherwise worst case scenario is exactly how you described, then the manager will really have an issue. I am sure that if the role is not operationally critical and can be filled by a temp or fixed term employee then there shouldn't be an issue.....

[laurenh]

Thanks for your response. We are going through so many changes at the moment I am sure something will work out.

Thanks again!