Do employers have a legal right to require employees to complete a leave application form each time they seek leave?
The Fair Work Act 2009 doesn’t mandate a specific procedure to be used when employees apply for any kind of leave. However, the Act does say that the employee should provide notice “as soon as practicable” for the taking of personal/carer’s leave and compassionate leave. When it comes to annual leave, it may be taken for a period agreed to between the employer and employee, and the employer must not unreasonably refuse a request.
Further, the Fair Work Regulations imposes record keeping requirements. Employers must make and keep records of any leave employees take and the balance of leave remaining.
REEF strongly recommends that every agency has a policy relating to applying for leave, both paid and unpaid. The policy should require your full-time and part-time employees to complete a leave application form every time the employee is absent, whether it’s for one hour, one week, one month or longer.
Download
You can download a template Leave Application Form from the People Management System. Simply login to the system and click on the ‘Record keeping’ item in the ‘Library’ tab.
