Claire works at a fast food chain and wants to take annual leave on new year’s eve this year to attend her sister’s wedding. Her employer told her she was not allowed to apply for leave because it was during a ‘black out period’.
Some employers have ‘black out periods’ over busy trading periods. These periods are generally around the festive season, Easter or stocktake. However, just because an employer or company calls it a ‘black out period’ does not mean you cannot apply for leave.
Employers may refer to busy trading periods as ‘black out periods’.
However, they should not stop you from applying for leave over that period.
While not everyone can have time off during ‘black out periods’ your individual circumstances should be taken into consideration.
- Annual leave needs to be mutually agreed to by the employer and the employee
- Employers should not unreasonably refuse to agree to a request for annual leave
- Try to give as much notice as possible and put in your request for leave early
- Not everyone will be able to take leave during busy trading periods
- You can apply for leave at any time, even during busy trading periods like Christmas and Easter.
- Employers should not unreasonably refuse to agree to your request for annual leave.
- If your annual leave application has been rejected and you think it’s unreasonable, the SDA can help provide you with resources to dispute it.
If you are having any issues with your leave, the SDA can help.
Our SDA members have access to our specialised experts who can help you understand your rights when it comes to your leave entitlements.
Our experts can help you with the following:
- Resources to help dispute if your leave has been rejected
- Advice about how to apply for annual leave
- Information about your specific leave entitlements in your Agreement or Award
- Assist with any questions about your leave entitlements, accrual or pay
Need help with your leave entitlements?
We can help. SDA members get access to our specialised information and advice.