Infographic: Giving notice to an employee on leave

Analysis

Infographic: Giving notice to an employee on leave

It is not uncommon for an employer or an employee to give notice of termination while a worker is on leave. This infographic summarises the legal technicalities of giving notice to an employee while on leave.

It is not uncommon for an employer or an employee to give notice of termination during an absence on paid or unpaid leave. Whether an employer has the right to terminate an employee who is on paid leave depends on the type of leave. The scenario is not considered by the Fair Work Act, or modern awards or enterprise agreements. 

While on annual leave

Industrial tribunals have usually determined that notice by an employer will not be effective if it seeks to terminate the employee’s employment prior to, or at the same time, as a previously granted period of annual leave.

The Fair Work Commission has established that the right to notice and the right to annual leave are independent and cannot be used to cancel out the other right. Employees whose annual leave ran concurrently with their notice period were entitled to an additional period of notice, or pay in lieu of notice equivalent to the period of annual leave taken during the notice period.

For example: an employer gives an employee four weeks’ notice of termination. After one week the employee then goes on approved annual leave for two weeks and then returns to work out the last week of the notice period. The two weeks on annual leave must be absorbed by the notice period and the employee re-credited with the annual leave or they must be given an additional period of notice.

While on long service leave

It is presumed a similar situation to the above exists where an employee is absent on long service leave.

This infographic, brought to you by WorkplaceInfo, summarises the legal technicalities of giving notice to an employee while on leave.

 

Download the infographic
Post details