If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of the period of paid annual leave taken in advance, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. How to report an accident or incident to Building and Energy. Events, statistics and educational resources. When employment ends, an employee has to be paid out all unused annual leave as part of their final pay. Any agreement to take twice as much annual leave at half pay must be recorded in writing and signed by the employee (and a parent/guardian if the employee is under 18). Download our free e-guides to expand your knowledge about workplace relations. For example if an employee works 20 hours per week they are entitled to 4 weeks of annual leave paid at 20 hours per week. Information about our website and how to use it. As you may already know, annual leave (also sometimes known as holiday pay) allows part-time or full-time employees to be paid while they are taking time off work. All contents copyright © Government of Western Australia. The employer and employee can only reach agreement to cash out up to 50% of the employee’s annual leave for an equivalent benefit (usually cash). New flexibility provisions enabling employers and employees to agree to an employee taking twice as much annual leave at half pay or to agree for the employee to take annual leave in advance have been implemented through the COVID-19 General Order issued by the Western Australian Industrial Relations Commission to assist private sector employers and employees address the impacts of the COVID-19 coronavirus pandemic on their workplaces. the employer cannot exert undue influence or pressure to reach the agreement to forego any amount of annual leave) and the agreement must be in writing. ���ه��F\C=hN�˹���[�mW˻�,f�F@ڵ�W�͖��.��s�f_Xz���{�#X�If��?z�;���:.�2��r.5������yV '�@��5��y��丆��0�T��j�H�D�B����F$�y���W�s���ĥcvIK�(�� y?�-k��V�]���� What is leave loading? More detail on each provision is outlined below. An employer must keep records of annual leave accrual and annual leave taken. Learn more about work health and safety reform. WA awards may specify additional requirements relating to payment for annual leave and how and when annual leave is taken by employees. o WA awards may also have specific requirements about payment for annual leave and how and when Some awards contain specific provisions to enable annual leave to be taken earlier. Information for charities and associations operating in Western Australia. How to register and lodge electrical, gasfitting and plumbing eNotices. Understand annual leave loading to make sure you’re paying the right amount in your employee’s paycheck. Annual leave loading may also apply on leave paid out on termination. Wageline information on WA awards, minimum pay rates, long service leave, annual and sick leave, current compliance campaigns and COVID-19 coronavirus. Some WA awards also require employers to pay annual leave loading on pro rata annual leave paid out when employment ends. Renew or update a licence, registration, certificate, permit, etc. Notify us of employment change, address change, workplace injuries etc. An employer can give an employee a general direction to take annual leave, but cannot direct them as to when they must take the leave (i.e. Dive deeper into employment relations issues with our free guides. Full time employees are entitled to four weeks of annual leave for each year of completed service, paid up to a maximum of 152 hours. An employee who believes they have not been paid an annual leave entitlement due when employment ends can follow the process outlined on the Making a Complaint page to make a complaint to Private Sector Labour Relations at the Department of Mines, Industry Regulation and Safety. The process for getting building work approved. Many WA awards require employers to pay annual leave loading on fully accrued annual leave paid out on termination. Building service and home building work contract complaints. Some WA awards include provisions on when employees can be required to take leave. stream The source of an entitlement to leave loading is usually the applicable Award or agreement, or the contract of employment. Some WA awards provide for payment of certain allowances and some penalty rates in certain circumstances while on annual leave. make a complaint to Private Sector Labour Relations at the Department of Mines, Industry Regulation and Safety. While you may have a reasonable understanding of other forms of leave, what about annual leave loading? An employee can take annual leave with two weeks’ notice to their employer, if the leave was accrued more than 12 months ago. Find information about other entitlements relating to final pay in your award by selecting from the list below. accrued and if the employment is ending, the required annual leave payment. What is leave loading? This means that an award or industrial agreement provision which enables an employer to require an employee to take annual leave at a particular time, such as during a Christmas close down, is of no effect. For instance, the Shop and Warehouse (Wholesale and Retail Establishments) Award and the Hairdressers Award provides that employees shall be given and take annual leave within 6 months after the date it falls due. Employees are to be paid their current rate of pay when they take annual leave. This provision will continue to apply notwithstanding the expiration of the General Order. But if you are unsure of your employees’ entitlements to annual leave loading once they have initiated annual leave, you can check with their applicable Award or agreement. 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