Employees can’t be paid a loaded pay rate instead of annual, sick or carer’s leave.
They must be allowed to take paid leave, even if:
- the award or agreement provides otherwise
- the employee has been paid a loaded pay rate.
Are there any exceptions?
School-based apprentices and school-based trainees can be paid a loading instead of paid annual leave, paid personal/carers leave and paid absence on a public holiday, if their award or registered agreement allows it.
References
Canavan Building [2014] FWCFB 3202 - the Commission held that loaded pay rates instead of leave is inconsistent with the National Employment Standards.
Fair Work Act 2009 - section 126 allows awards and agreements to contain loaded pay rates instead of leave for school-based apprentices and school-based trainees.
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
- Get help with leave
- Find out about Other workplace relations help
