No pesonal leave so must take AL

[tubefeed]

We have an emp that has used all sick leave and is taking more. While it is legitimate (this time) he has no sick leave left available.
He does have 2 weeks annual leave.
We would prefer that he uses this. However he wants LWOP.
Our beef is that he is spending less time at work than we need, and we want to force him to take AL. Can we do this?

[tubefeed]

fair wk ombudsman has told me that while lwop is not a right, u cannot force AL, and if yhe person is unfit for with no sick leave then lwop must apply...grrrrr

[Moz]

that's ridiculous

[Moz]

Originally Posted by White Eagle

taking AL is at employee discretion .....so no choice lwop will come in picture.

This effectively means that employers have no control over when employees take LWOP, or how much they take.

[Qld IR Consultant]

You can still run them onto a Absence Management plan if the LWOP because unmanageable. Unfortunately with the way Unfair Dismissal's are heading you will need to do this for at least 6 mths, document everything, and be prepared to do some work on it in order to have the T's crossed and the I's dotted for court. Then hope he/she doesn't throw a union official into the mix....Good luck.

[ER-Enthusiast]

Hi All,

I was just wondering on the outcome of this issue?

I don't believe it is forcing Annual Leave- you are not making the person take the leave only saying that if the leave is to be taken they must use their entitlement and it not be Unpaid.

[tubefeed]

Effectively they can elect to take LWOP, AL cannot be forced.
They can elect to take AL if they want to be paid, so you can offer it to them, but they are within their rights to decline.