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Annual leave in advance

There is no legal obligation upon an employer to grant an employee annual leave in advance. The Fair Work Act, most modern awards and enterprise agreements provide that the employer may do so, in which event those instruments will also commonly provide an entitlement for the employer to deduct the value of any leave taken in advance from accrued entitlements if the employment comes to an end before the employee is in credit again for annual untaken leave. See also s.90(2) and s.94(6) Fair Work Act 2009

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