My practice is shutting down over the Christmas and New Year holidays. While I am being paid my base rate of pay for the public holidays (as they are my normally rostered days of work), the practice manager has informed me that I will be required to take days of annual leave over the closure dates which are not considered public holidays. Is this in line with the NTCER?
The NTCER outlines your minimum employment terms and conditions
Still have questions?
The NTCER does not deal with circumstances in which your employer can require you to take annual leave, however, section 94(5) of the Fair Work Act provides that:
An employer may require an award/agreement free employee to take a period of paid annual leave, but only if the requirement is reasonable.
A requirement to take annual leave is likely to be reasonable if the practice is shut down over the Christmas/New Year period.
A practice may have an appropriate policy in place on this and usually will have discussed this with you well in advance (ideally prior to you commencing employment).
If you have not accumulated enough annual leave to cover the practice’s shutdown period, then the NTCER provides that annual leave may be taken in advance of accrual, by negotiation: see clause 6.2 of the NTCER. Otherwise, this should be leave without pay.
