What is negative leave, and can my employees take it? As an employer in Australia, managing employee leave entitlements can be a complex task, especially when dealing with situations where employees have taken more leave than they have accrued. This is known as 'negative leave'. While negative leave is not explicitly addressed in the Fair Work Act 2009 ('the Act'), it is a common practice that many employers and employees have adopted to accommodate unforeseen circumstances or personal emergencies. This article explains how you can manage employees with a negative leave balance or those who are looking to take negative leave. ASSISTANCE Information provided in this post is general only and it does not constitute legal advice and should not be relied upon as such. HRGS provides no warranty as to its accuracy, reliability, or completeness. Before taking any course of action related to this post you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances. Our HR Advice Service is here to help businesses manage their workplace and compliance issues. Employers requiring assistance, support, and guidance, please call us at 1300 46 47 47 or visit us at www.hrgs.com.au. #hrgsbusinesspartner #hrgsnews #hrgshelp #hrgsadvice #hrgsconsulting
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Long-Service Leave: Long service leave is a national workplace entitlement that most long serving employees are entitled to (including casuals in some states and territories). It is important to note that long service leave is state or territory specific. These laws set out: · How long an employee has to be working to get long service leave and; · How much long service leave the employee gets. Additionally, in some states and territories, certain industries are required to allow employees to access portable long service leave. Meaning that their long service leave entitlement would transfer from one employer to another within certain industries. It is important for employers to know what the regulations for long service leave are within your state or territory. We recommend seeking professional or legal advice if you are unsure of what this means for your business. HR Business Assist | P 1300 138 551 | E [email protected] #Employees #LongService #Leave #HR #HumanResources #LongServiceLeave #PortableLongServiceLeave #HRBusinessAssist #LeaveEntitlement #Entitlement
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Tip for October 💡 🍂As we head into the final quarter of the year, it’s crucial to address any untaken annual leave. Many employees may forget or delay taking time off, which can lead to a rush in December or a significant carryover into the next year. October is therefore a great month to review annual leave balances and address any build up. 🖊️It is advisable for employers to issue a communication explaining how annual leave will be managed over the coming weeks and months. Some points to consider including: ➡ Where employees can confirm their annual leave balance. ➡ How annual leave requests will be dealt with, referring to the organisation’s annual leave policy. ➡ If the organisation envisages a peak in business, it may be useful to outline how many employees can be on leave at any one time or to state that management reserves the right to limit the numbers taking annual leave on a given week. ➡ Ensure employees are aware of what selection method will be used if multiple employees book annual leave for the same week. Any selection method should not directly or indirectly discriminate against a particular cohort as per the Employment Equality Acts. ➡ Advise employees of what the company policy is regarding the carryover of annual leave. Don’t wait until the end of the year- plan ahead! Ibec members can access further information here: https://lnkd.in/eZdCGu3e Linda Reid, Magda Kozub, Aoife McFadden, Kevin Feighery, Lorraine Parkes, Laura Jayne Emmo, Liz Murphy, Oisin McDermott , Neil O'Brien , Aisling Fahey #Ibec #EmploymentLaw
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Globally consistent leave policies can be a challenge for employers to implement and govern. Despite the challenges, the Business Group on Health 2024 Employer Leave Strategy and Transformation survey shows a growing commitment from global employers -- more than a quarter have a global leave policy in place or they are working on one. Learn more about this and the four other key areas employers are focusing on this year in regard to leave and time away. https://lnkd.in/gn2iuSem #leave #globalbenefits #globalworkforce #employeebenefits
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With the end of the year fast approaching, managing annual leave can become a challenge for employers. Many employees who still have annual leave left are hoping to use it for the festive season, resulting in an influx of holiday requests. In addition, employees may also request to carryover unused annual leave into the next holiday year. But how to employers mange this fairly whilst considering the needs of the business? Read our recent article where HR Consultant, Vikki Scott offers her expert advice on this topic. 🔗 https://buff.ly/4ir9cK7 #AnnualLeave #HolidayManagement
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Looking to learn about long service leave entitlements for Australian businesses? It's important to understand the eligibility, entitlements, and best practices. Encouraging employees to take their long service leave helps prevent burnout and keeps things running smoothly. Read our guide here. https://bit.ly/3z4OBZV
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Why a Clear Leave Policy is Important For employers, having a clear and comprehensive leave policy is essential for legal compliance, managing employee expectations, and maintaining operational continuity. For employees, understanding the different types of leave ensures they can take time off when needed without worrying about job security or income loss. Best Practices for Employers: 1. Clarity: Ensure your leave policies are clearly communicated during onboarding and easily accessible in employee handbooks. 2. Flexibility: Offer flexible leave options to accommodate diverse employee needs and foster a supportive work environment. 3. Compliance: Stay up to date with local labor laws to ensure all leave entitlements meet legal requirements. Best Practices for Employees: 1. Know Your Rights: Understand your leave entitlements based on your employment contract and local labor laws. 2. Plan Ahead: For planned leaves such as vacations or study leaves, provide your employer with adequate notice to ensure smooth operations. 3. Use Leave Wisely: Taking time off is crucial for maintaining mental and physical health. Don’t hesitate to use your entitlements to recharge and refresh. Let’s prioritize rest, balance, and well-being for a more productive, engaged workforce! #HumanResources #WorkLifeBalance #EmployeeWellBeing #HRBestPractices #LeavePolicy #Productivity
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There is a narrative that employers can forfeit employees' leave days if not utilized within the year. That's a hoax! The tragedy is that some employers have even put such draconian and ultra vires policies in their Employee handbooks. Allow me to take a second to declassify such employers' excesses. ☑ Leave days is a right earned by employees, not a privilege that can be withdrawn, forfeited, or suspended by the employer. ☑ A company policy does not supersede the existing laws and legal statutes. ☑ The word forfeiture is alien to the Employment Act 2007. ☑Leave, when not taken, becomes an accrued benefit, which is monetized, and paid out, at the request or demand, of the Employee. ☑An employee has 18 more months to take the remaining leave days accrued in the said year {EA Sec 28(4)}. In the case of Joaqim Mbithi Mulinge v Transoceanic Projects & Development [K] Limited [2017] eKLR the presiding Judge held as follows: "There is no employment policy which supersedes the law. The law under Section 28 of the Employment Act 2007 does not sanction the practice of forfeiture of unutilized leave. The law entitles Employees, after 12 consecutive months of service with the Employer, to a minimum of 21 days of fully paid annual leave. There is no provision for forfeiture. The policy of forfeiture of annual leave days, adopted by some Employers, has no foundation in law." #Leavedayforfeiture #hr Walemba Jay (MIHRM) - Award Winner 🥇🥇🥇Jane Mutisya Damaris Ndungwa ESTHER KATIBA®️™️ Festus Mutua (AMIHRM) Jimmy Gitau Michell Nyambura Mary Michael- AMIHRM Mercy Makau (AMIHRM) Ochieng John Mathangani Muya Kevin Abala George Wasike MIHRM (K)
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Hey team, Is your business prepared for the upcoming holiday season's leave requests? Do you know about the upcoming reforms to the Holiday Act? Ensure your leave management policies are correct this festive season. Join Milan Lewis and Greg Scully as they share best practices for leave management to ensure your business is compliant and answer any questions you have in our exclusive Q&A session. 🗓️ Tuesday, 26 November 2024 ⏰11:00AM – 12:00PM NZDT Register below 👇 https://lnkd.in/dWrFJGta #webinar #hr #leavemanagement #expertadvice #employmentrelations #whs #freeadvice #peninsula #employsure #employmentcontracts
Are Your Leave Policies Ready for the Holiday Rush?
employsure.co.nz
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From emergency leave to flexible working, UK employers need to know the ins and outs of family-related leave. Which of these leaves surprise you most? https://lnkd.in/e33V8dPj #Atlas #EmployerofRecord #EOR #EntityManagement #GlobalExpansion #UK #Compliance #FamilyLeave
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Who cares? In our latest article we ask what Carer’s Leave really means to employers and employees. We shed light on the importance of Carer's Leave, the advantages for both employers and employees, and discover 🔍the benefits of a robust and flexible support programme. 👉 Read the full insight here: https://lnkd.in/e3Adf2Yq #HRinsights #HowdenRiskManagement
Who cares? What Carer’s Leave means to employers and employees
howdengroup.com
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