QLD Annual Leave and Employment Contract Notice Period?

[Newuser2222]

I have a question about termination of employment. I have applied for a 2-week annual leave few months ago and it got approved. Last week I have accepted a new job offer and sent a 4 week termination notice to my employer. I have also signed an employment contract with a new company. My 2 week holiday falls into 4 week notice period. Last night I noticed in my original contact that I cannot take annual leave during my notice period. I am not sure what my rights are? I have already signed an agreement with new company to start on specific date and my holiday is also booked.

 

[Sophea]

Hi Newuser2222,

As far as I know you can take annual leave during a notice period if the employer agrees to the leave. You can refer your employer to the Fair Work Ombudsman. I don't know why they would specify that because from a financial perspective it doesn't matter whether you at at work or on annual leave for that period. They would have to pay you out for the annual leave if you didn't take it anyway.

 

[Newuser2222]

Hi Sophea,

> You can refer your employer to the Fair Work Ombudsman​

Because it is specified in the agreement, FWO said it was contractual and not covered by FWO. So I am not 100% sure here

> it doesn't matter whether you at at work or on annual leave for that period​

Financially yes, but what about all the handover and existing work that you are doing. You can not just take entire notice period as a holiday and then just leave. There must be some reasonable work completion and handover.

Hi Newuser2222,

As far as I know you can take annual leave during a notice period if the employer agrees to the leave. You can refer your employer to the Fair Work Ombudsman. I don't know why they would specify that because from a financial perspective it doesn't matter whether you at at work or on annual leave for that period. They would have to pay you out for the annual leave if you didn't take it anyway.