Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 37

37 Requirements for cashing out annual leave

(1) Annual leave may not be cashed out except under this section.

(2) An employer and an employee may agree to the employee cashing out a particular amount of the employee’s annual leave.

(3) The employer and employee must not agree to the employee cashing out an amount of annual leave if the cashing out would result in the employee’s accrued annual leave entitlement being less than 4 weeks.

(4) Each cashing out of a particular amount of annual leave must be by a separate agreement in writing.

(5) The employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the annual leave that has been forgone.