High income employees can make an agreement to be paid for some of their annual leave instead of taking it. This can be done if:
- the agreement is in writing
- the employer pays the employee the same amount the employee would get if they had taken the leave
- the employee has at least 4 weeks left in their leave balance after the rest is cashed out.
References
- section 12 says that an award/agreement free employee is one to whom neither a modern award nor enterprise agreement applies
- section 47(2) says that modern awards don't apply to high income employees
- section 94 says how annual leave can be cashed out by award/agreement free employees
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