Closing at Christmas? Stay compliant and plan ahead

Whether you are ready or not it’s only a couple of months until the Christmas and New Year period is upon us once again!

If you are intending to close your agency doors – even for as little as a few days – and require employees to take annual leave, then it’s time to start planning.

If you have employees engaged under either the Clerks – Private Sector Award 2020 or the Real Estate Industry Award 2020, you will need to provide them with a minimum of 28 days written notice that they will be required to take annual leave over the period of the agency temporary shutdown (excluding any public holidays).

But what if you have employees who do not have enough annual leave to cover the temporary shutdown period?

As an employer, you can’t force an employee to take leave without pay if they don’t have sufficient annual leave for the days your agency is closed. However, under both Awards, and by mutual agreement in writing, you can grant the employee annual leave in advance, or the employee can agree to take leave without pay.

To confirm this arrangement an Agreement to take Annual Leave in Advance form must be completed and signed by both the employer and the employee.