So I went from FT to PT sometime back and have 60 hours of available Personal time and 120 of Holiday pay unused.
With the tax time coming, can I ask my employer to add it all as a part of my pay or do I have to use it all?
I get paid $20/h so at 180h, thats $3600. Are they obligated to cash out all of it if I want it do or can they not do that?
Annual leave can't be cashed out under fairwork unless there is provision to do so in your award.
However the following could be able to be applied.
The concept of annual leave is in weeks off, not hours. This means you must be allowed to take off however many weeks a year you are entitled to.
Because you have gone from part-time to full-time you won't need as many hours accrued to do this.
Example (at a 38hours working week)
You have worked 1 year and accrued 4 weeks off (you need 152 hours to do this)
Now you are part-time, work 20 hours a week and only need 80hours to take 4 weeks off. The rest should be able to be cashed out as long as you can take the correct amount of weeks off.
Notes
-Most employers wouldn't cash out the sick leave.
-Some awards will allow some annual leave to be cashed out and not taken but only a small part
-There was a test case a while back that said it doesn't matter when annual leave is paid as long as the weeks off can be taken (I don't think most employers would want to risk this though)
-You will pay tax on the cashout at your marginal tax rate
Ask your employer.