Rejecting Un-Accrued leave

[stiggz]

What are the laws with regards to rejecting Un-Accrued leave?

Basically the leave is 4 weeks of which two will be paid from accrued.

Do you have to give the business justification for rejecting it?

Thx in advance

[Qld IR Consultant]

Giving a business reason that you could adequately defend certainly would help. But from a different angle why don't you find out why the unpaid leave is being requested. Holiday? Carers issue? It might be a case of you could work out an alternative arrangement instead of a block 2 weeks. Food for thought.....

If it is a holiday, and you don't already have one, I always ensure clients leave policy specifically states that employees must have leave approved first before booking and paying for any holiday....

[stiggz]

Yes, it is for a holiday and yes they have booked and paid.

Thing is, its over Christmas, which includes the close down period between Christmas and New Years going a few days into the New Year.

Their argument is this is the most appropriate time to take leave. In a way it is and of course we can tailor the business reason to suit the company, but I am concerned what would be the implications should the employee decided to involve Fair Work.

Looking objectively it would be hard to make a case that this time would be less of an implication than any other time.

We don't currently have any provisions in out agreement for unpaid leave or the booking and paying of leave prior to approval.

[Qld IR Consultant]

There is nothing in the act thats stops you from not approving unpaid leave, unless it is unpaid carers leave. Their argument may be that it is the most appropriate time, so you have to construct a better argument as to why it isn't.

At the end of the day though you have to weigh up the issue as a whole. For the sake of 2 weeks over the xmas/new year period is it worth creating possible conflict? Don't get me wrong, they should have had leave approved before rushing off to the travel agent.

Is there a union in the workplace? That may become an issue if you knock it back also.

And finally, get a compliant policy in place and ensure that all staff are aware of its requirements.