Workplace Not Allowing Me to Cancel Approved Annual Leave

Lambailey on 17/04/2020 - 17:26

I booked leave for my wife and I for our honeymoon in Europe for 5 weeks for July - August 2020. With the current isolation restrictions in place it's clear that we won't be able to go ahead with out trip, so last week I attempted to cancel the 5 weeks of leave. When I attempted to put the cancellation in I read that the business the day before made a general announcement (this is not in the leave policy) that all current leave approved but not yet taken cannot be cancelled and must now be used prior to the new Xmas closure from 18 December to 6 January. Consequently I contact my manager to explain the situation and they promply approve my cancellation of leave, then I to contact the HR team to explain my circumstances, however, I'm simply told that I cannot cancel the leave. I'm also told I must provide the new dates for the 5 weeks ASAP, this cannot be changed and it must be taken prior to Xmsd break stated above, I then need to take another 10 days leave for the Xmas break leaving my leave balance at zero.

My understanding from fair work is an employer can only direct an employee to take annual leave in certain situations. For example, when:

  • the business is closed during the Christmas and New Year period
  • an employee has accumulated excess annual leave

I'm conscious of keeping my leave balance at an appropriate level and will work to do that, however don't see how I can be forced in to taking my leave when our business is extremely busy and I do not have excess accumulated leave. Keen to hear everyones thoughts, I realise it is a precarious time for the economy and if the business was struggling would happily do the right thing and take leave, however I would like to know what are my rights.

Education & Work

closed Comments

  • kerfuffle on 17/04/2020 - 17:45

    Isn't a year of annual leave four weeks worth? I understand that you were saving it for your honeymoon, however as five weeks is greater than four weeks, that's technically excess annual leave … Do you actually have five weeks of annual leave at the moment, or is that by the time it gets to July, you'll have five weeks?

    • ambailey on 17/04/2020 - 17:58

      I will have 5 weeks of leave by august payrun. Like I said in my original post, I’m conscious of my leave balance, so will take leave in amounts needed to keep my balance under 4 weeks, I just don’t think having to take 5 weeks is appropriate

  • [Deactivated] on 17/04/2020 - 17:54
    +5

    an employee has accumulated excess annual leave

    You have accumulated excess annual leave , haven't you?

    My understanding from fair work is an employer can only direct an employee to take annual leave in certain situations.

    Doesn't apply in your case since you were the one who asked for those annual leave in the first place.

  • try2bhelpful on 17/04/2020 - 18:02
    +1

    As indicated by others, you asked for the leave so, technically, you aren’t being directed to take it. Companies will be positioning themselves to reduce as much of their liabilities as they can, at the moment, so you taking leave reduces the payout if they need to retrench you later on. Companies really hate people not taking leave. You could go back and ask “pretty please” or ask to them about getting unpaid leave as a supplement when you do go on your honeymoon. It sucks but there are people worse off.

  • Seraphin7 on 17/04/2020 - 18:04
    +6

    Are you sure now's the time to rock the boat?

    • CyberMurning on 17/04/2020 - 18:47

      prob. he watch titanic too many times

  • toniyellow on 17/04/2020 - 18:10
    +1

    If they are an eligible employer, they can now direct you to take all but 2 weeks of leave
    https://coronavirus.fairwork.gov.au/coronavirus-and-australi…

    • ambailey on 17/04/2020 - 18:48

      Thanks @toniyellow, the business is however not an eligible employer

  • slowcoach on 17/04/2020 - 18:12

    Same for my workplace - not allowing people to give back leave. If you can get a colleague to take it instead that’s acceptable. Leave counts as a liability for a business, they’re trying to reduce costs everywhere.

  • mskeggs on 17/04/2020 - 18:22
    +1

    I agree it sucks, but a huge number of businesses are trying to juggle this, and many are seeking staff to take accrued leave or unpaid leave.
    Perhaps you could ask them to cancel some of the leave so you can maintain a balance high enough to allow you to take the trip next year?

    I'd suggest trying to sort this out constructively, showing you are trying to accommodate their desire to reduce outstanding leave balances, while also giving you the option to not lose your honeymoon.
    The main reason companies try and run down leave balances is usually to reduce their exposure if they have to make staff redundant, which is obviously not in your interests. But you equally don't want to be seen as somebody who is difficult, should they have to make a list of who stays and who goes.

    • mskeggs on 17/04/2020 - 18:26

      I'll add that I don't think whether or not you have accrued leave makes a big difference in big companies if they are looking to cut staff. And right now, lots of places are expecting to hit quiet periods or at least lower turnover, and are seeing it as preferable to get people to take leave rather than making staff redundant.

  • Flowerbomb on 17/04/2020 - 18:24

    I think it’s fair on the employer’s end. When they initially granted you leave, they made advanced working arrangements for your time of leave. Now that the situation has soured, you can’t go back on your word, when they already made all the necessary arrangements.

    Applies to my current work place as well. Do your bit, give and take, and help out your workplace. At least it’s not a pay cut or being made redundant.

  • Mechz on 17/04/2020 - 18:32
    +3

    Just change it to the 5 weeks before xmas. Then when it gets close things might be settled more and you can adjust again.

  • DemocracyManifest on 17/04/2020 - 18:34
    -1

    My advice would be to take it now before its taken away from you thats the way things are going at the moment. It sucks but you run the risk of losing the cash entirely

  • Moderatorscrimshaw on 17/04/2020 - 19:13

    Thread closed by request.

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