I am just about to finish my term at my current training practice and will be moving to work at a different practice for my next term. I have one week (38hrs) of annual leave that I have accrued but not taken during my current term. My practice manager is going to deduct this from my percentage billings prior to paying my 13-week payment. Does this sound right?
When your period of employment ends you are entitled to be paid out for any accumulated annual leave that has not been taken during your employment with your training practice, as per Section 90(2) of the Fair Work Act (2009)
According to Schedule A of the NTCER: For the purposes of the percentage calculations, the cycle is inclusive of any periods of leave taken, including annual leave.
Therefore, as your 38hrs of accumulated leave has not been taken during the cycle it cannot be included in the percentage calculation, but rather it must be paid out separately.