Can an employer refuse to give you unpaid leave?
Can an employer refuse to give you unpaid leave?
Employees are entitled to request time off for certain public duties. Some employers choose to pay their employees for this time off, but this is not legally required. However, the employer is able to refuse this request for time off if they think it is unreasonable.
How long can I take leave without pay?
4.11. 1 General
| Leave Without Pay following Leave on Half Pay | Public Holidays |
|---|---|
| No pay not exceeding five working days (following half pay exceeding five working days) | Full pay |
| No pay not exceeding ten working days (following half pay not exceeding ten working days) | Full pay |
Can my employer ask why I want annual leave?
Yes. Your employer can consider whether or not your request for annual leave is compatible with the needs of the business and can refuse it, as long as it does so in line with its annual leave policy.
Can my employer refuse my holiday request?
Your employer can refuse permission for your holiday as long as they give you notice which is at least as long as the holiday requested. So to refuse a request for a week’s leave, they would have to tell you a week in advance. Your contract may set out other rules about when you can take your holiday.
Can you be forced to take annual leave?
An employer can direct an employee to take annual leave, but only when an award or registered agreement allows it and the requirement is reasonable. A requirement to take annual leave may be reasonable if, for example: the employee has an excessive annual leave balance.
What happens if you don’t take your annual leave?
You might lose your holiday if you haven’t given enough notice to take your remaining holiday before the end of the leave year. Try to negotiate with your employer – if they won’t let you take it all, they might let you carry some holiday over into your next leave year.
