No. Annual leave is intended for rest and relaxation, and being on call would disrupt that break.
Unless the employee’s contract clearly states otherwise, they aren’t required to check work emails, take work calls, or participate in work-related activities while on annual leave.
If they do work, annual leave no longer applies. Their annual leave won’t be deducted if they choose to return to work.
Example
Seb is a full-time employee who works 38 ordinary hours per week.
Seb agreed with his employer to take annual leave for 2 weeks.
During his annual leave, Seb was asked by his employer to return to work for one day. Seb agreed.
After working for one day, he left to finish the rest of his annual leave period.
Annual leave won't apply for the day Seb worked, and won't be deducted from his annual leave balance. Annual leave will still apply for the rest of the period.
Right to disconnect
Some employees may have the right to refuse employer or third-party contact outside of working hours. For more information, see Right to disconnect.
Being on a period of annual leave is seen to be outside of working hours.
References
Sheldrick, Bradley Nigel v Hazeldene's Chicken Farm Pty Ltd - [2014]- The Fair Work Commission has clarified that an employee is not required to be on call whilst on annual leave, and that unless the contract expressly provides otherwise, holidays are entitled to be taken uninterrupted.
What to do next
- Find out about Leave
- Use our Pay and Conditions Tool to calculate your annual leave or sick and carer’s leave
- Ask our virtual assistant, Frankie, a question from our Contact us page.
- Find out about Other workplace relations help
