Tasmanian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1984 - SECT 47AE

Annual leave
(1)  Unless prescribed otherwise in an Act, award or agreement, an employee, other than a casual employee or a part-time employee receiving a loading in lieu of annual leave, is entitled to a minimum of 4 weeks' paid annual leave, excluding statutory holidays within the meaning of the Statutory Holidays Act 2000 , for each completed year of continuous employment.
(2)  Where an employee's length of employment is less than one year, the employee is entitled to pro rata paid annual leave upon termination of employment, provided that the employee has given the required period of notice.
(3)  After each completed year of continuous employment, a part-time employee is entitled to be paid annual leave calculated in the same proportion that his or her part-time hours bears to the ordinary hours of an equivalent full-time employee.
(4)  An employer must permit an employee to take annual leave due under subsection (1) or (3) within 6 months after the leave falls due.
(5)  Where an employee applies for leave, the employee must give the employer not less than 4 weeks' notice, or such other period of notice as may be agreed, of the employee's intention to take leave.
(6)  An employer must not unreasonably withhold approval of an application to take leave.
(7)  Where an employer requires an employee to take leave, the employer must give the employee not less than 4 weeks' notice, or such other period of notice as may be agreed, of the requirement to take leave.
(8)  Untaken annual leave accrues without limit.



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