It’s getting close to Christmas and many companies (including ProcessWorx) observe a shutdown during this period.
How employees are paid over the Christmas shutdown period depends on the award/agreement they’re covered by and whether they’re working or on leave.
The Fair Work Ombudsman explains “if employees continue to work when a business shuts down, they should be paid as normal. If any of the days are public holidays, these days are treated as public holidays. This means the employee should be given the day off without loss of pay or they should be paid public holiday rates as per their award or agreement.”
An employee can be directed to take annual leave during a shutdown if the employee’s award or registered agreement allows it. Most awards have rules about how and when an employer can direct an employee to take leave, e.g. providing at least 4 weeks notice.
Similarly, the NES allow an employer to request an award-free employee to take a period of annual leave, or unpaid leave, during a shutdown so long as the request is reasonable.
An employee wishing to take annual leave during a shutdown period must also provide notice to the employer of the intent to take leave. The amount of notice required may be different for all employers. An employer cannot unreasonably refuse an employee’s request to take annual leave.
Ensure you know the rules that cover you during the upcoming Christmas shutdown.
If you need advice on managing your Christmas shutdown, or any other human resource matters, contact ProcessWorx www.processworx.com.au
