The Fair Work Ombudsman have released crucial information for businesses on shutting down over Christmas and the New Year.
The information focuses on specific topics, including: directing an employee to take annual leave, what to do if an employee doesn’t have enough annual leave to cover the shut down period, what if an award or agreement doesn’t have rules about shut downs, what if a public holiday falls during an employee’s annual leave and working during a shut down.
The directing an employee to take annual leave topic focuses on the rules in modern awards and agreements in directing an employee to take annual leave.
The what to do if an employee doesn’t have enough annual leave topic provides options for an employer in directing an employee to take annual leave, such as taking leave in advance of accrual or unpaid leave.
The what if an award or agreement doesn’t have rules about shut downs topic emphasises that if there are no shut down rules in a modern award or agreement, the employer can’t direct an employee to take annual leave nor can the employee be forced to take unpaid leave.
The what happens if a public holiday falls during an employee’s annual leave topic emphasises that if a public holiday does fall during annual leave, the employee must be paid for the public holiday not annual leave. The topic also provides a hypothetical scenario on how to work out such pay for employees.
The working during a shut down topic outlines how an employee should be paid when they are working during a shut down.
The Fair Work Ombudsman’s information on Christmas and New Year shut down for businesses can be read in full here.
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