Reasonably refusing leave requests

[HRthelink]

Hi There,

Are there any rules around refusing an employee to take extended leave or leave without pay? When is it reasonable to refuse a leave request?

Also are there any rules where we CAN'T refuse a leave request? I'm sure I saw somewhere that we can't refuse leave such as caring for sick family members suffering from severe illness.

Thanks in advance.

[Neil_Hanks]

From what I understand around personal (sick/carers) leave, if an employee takes an excessive amount it calls into question their capacity to discharge the duties of their job. In other words, they can't do the job for which they were employed.

In this case, a retirement on medical grounds could be justified.

[Qld IR Consultant]

LWOP can be refused quite easily on the grounds of its not viable at the time for the business to release the employee due to (make up a business reason).... Refusal of annual leave, long service leave etc is a different story. Without knowing all the details i'd say tread carefully if its refusing an accrued entitlement as the first thing they will cry is discrimination (even when none exists) and it'll turn ugly really quick.....if the sick leave is certificated regardless of whether its their own sickness, or caring for a sick relative you will find it hard to discipline them.....same goes for forced retirement on medical grounds. If they have a good doctor then they will put up a fight...all in all i'd say a hard situation to manage....and thats really all you can do...manage it..... Purely my thoughts of course....

[ER-Enthusiast]

When caring for family members it is referred to in the NES. Compassionate leave can be taken: Paid compassionate leave = 2 days per occasion.

Unpaid carer’s leave can be taken in one continuous period (e.g. two consecutive working days) or in separate periods agreed between the employee and employer (e.g. four consecutive half-days could be taken, so the employee can share caring duties with someone else).

I would take that as if the employee has exercised their right to all paid leave and unpaid leave then you are within your rights to dismiss the employee, with notice.