Can an employer make you take leave?

Author

James Holden

Published Mar 13, 2026

Can an employer make you take leave?

An employer can direct an employee to take annual leave, but only when an award or registered agreement allows it and the requirement is reasonable. A requirement to take annual leave may be reasonable if, for example: the employee has an excessive annual leave balance.

Similarly, can you refuse to take annual leave?

An employee needs to request to take annual leave before going on leave. The process for requesting annual leave is often set out in an award or registered agreement, company policy or contract of employment. An employer can only refuse an employee's request for annual leave if the refusal is reasonable.

Subsequently, question is, can my employer force me to take annual leave NZ? Employers can require employees take annual holidays during an annual closedown period (e.g. over Christmas/New Year) as long as they give the employees at least 14 days' notice.

Considering this, can you be forced to take unpaid leave?

Forced unpaid leave

As an employer, you can force an employee to take unpaid leave if there's not enough work available for them—commonly known as laying an employee off – this must be pre-established with a contractual provision in place.

Can an employer dictate when you take your holidays UK?

Employers can: tell their staff to take leave, for example bank holidays or Christmas. restrict when leave can be taken, for example at certain busy periods.

Do I have to tell my boss why I need a day off?

This number varies depending on your position and your company, but one thing applies to everyone — we don't have to tell our employers why we're taking a day or week off and how we'll spend that time. In short, you don't have to explain anything unless you need to take more time off than your contract allows.

What happens to annual leave when you resign?

Annual leave when employment ends

When employment ends, an employee has to be paid out all unused annual leave as part of their final pay. Annual leave loading is paid out even when an award, registered agreement or employment contract says that it's not.

Can a manager ask why you are taking time off?

Typically, an employer cannot require an employee to show proof of illness for taking PTO, since an employee doesn't have to be sick to use these vacation days. In general, the law allows employers to ask about the details of sick leave, such as the nature of the illness and when the employee expects to return to work.

Can an employer force you to take annual leave when you resign?

However, employees are entitled to an annual leave payout on resignation. And it is important to note that while an employee can take annual leave and sick leave during their notice period (within reason), it is illegal for an employer to force an employee to take leave as part of the notice period.

Can my boss cancel my annual leave?

Yes, an employer can cancel an employee's period of annual leave if it gives the required notice. An employer must not cancel a period of annual leave if it means that the employee is not able to take their full statutory annual leave entitlement in that leave year.

How many hours a week is annual leave?

For example, a part-time employee working 30 hours per week will accrue 120 hours of annual leave per year (30 hours per week x 4 weeks of annual leave per year).

Can your employer dictate when you take your holidays?

Can employers dictate when leave is taken? The WTR allows employers to compel employees to take holiday (unless their policies or employment contracts specify otherwise).

Can you cash out more than 2 weeks annual leave?

Employees can't cash out more than 2 weeks in each 12 months, and must have at least 4 weeks annual leave left over after the cash out. The payment for cashed out annual leave must be the same as what the employee would have been paid if they took the leave.

How long can you take a leave of absence from work?

An FMLA leave allows employees to take up to 12 weeks off in a 12-month period. If their absence is not protected by the Family and Medical Leave Act (FMLA), then it's considered a non-FMLA medical leave.

Can you be stood down without pay?

Employers can't stand an employee down just because the business is quiet or there isn't enough work. Some awards, agreements and contracts have extra rules about when an employer can stand down an employee without pay. An employer can't stand down an employee if they're on approved leave.

Can my employer lay me off without notice?

Your employer can only lay you off or put you on short-time working if your contract specifically says they can. If it's not mentioned in your contract, they can't do it. Your contract can be written, a verbal agreement or what normally happens in your company.

Can I be laid off while on furlough?

A furloughed public employee retains their employment rights. Government employees cannot be fired or replaced without process. For a public employee who has been furloughed, rather than laid off, this means that they have a presumptive right to return to that position if they choose and it exists.

What does unpaid leave of absence mean?

An unpaid leave of absence is used when the employee's time off from work is not covered under an employer's existing benefits such as sick leave, paid vacation, paid holidays, and paid time off.

Can I give notice while on leave?

Can an employee resign whilst they are on annual leave and not work out their notice period? An employee is free to resign from their employment at any time, regardless of whether they are on a period of paid leave. The notice period required to be given must be served in addition to the annual leave.

What annual leave am I entitled to?

Almost all workers are legally entitled to 5.6 weeks' paid holiday a year (known as statutory leave entitlement or annual leave).

What rate is annual leave accrued at?

Annual leave is usually paid at the same rate as ordinary hours. Depending on conditions of employment, an annual leave loading (usually 17.5 percent) may also be payable. Part-time employees are entitled to four weeks annual leave – paid on a pro rata basis.

Do I need to give a reason for annual leave?

The Fair Work Act says that an employer must not unreasonably refuse to agree to a request by the employee to take their paid annual leave. Details of what constitutes reasonable grounds for refusal are often spelled out in the relevant award that covers the employee. The amount of leave the employee has accrued.

Can your employer tell you when to take vacation?

Employers are NOT required to pay employees for time not worked under the Fair Labor Standards Act. Employers may restrict or even dictate how and when employees may take their vacation days. Employers may require their workers to use their accrued vacation time for any absence.

Can I be paid for my holiday instead of taking it?

Getting paid instead of taking holidays

The only time someone can get paid in place of taking statutory leave (known as 'payment in lieu') is when they leave their job. Employers must pay for untaken statutory leave, even if the worker is dismissed for gross misconduct.

Do you get paid for unused holiday when you leave?

Your employer has to pay you for any holiday you're legally entitled to but haven't taken. This is called pay in lieu of holiday. You can use the holiday entitlement calculator on GOV.UK to work out how much holiday you're legally entitled to. You're only entitled to be paid for it if your contract says so.

Can my employer buy back my holidays?

Employers are not allowed to buy back your statutory holiday entitlement (i.e. 5.6 weeks leave). If you have a right to holiday in excess of the statutory minimum, your employer can agree to offer to buy back this extra leave.

Can I get sacked for refusing to work Christmas Day?

Although there is no automatic right not to work on Christmas Day, most people have the right to either time off or extra pay on Christmas Day through their contract with their employer. By law, you must be given a written statement of the terms of your contract within a month of starting work.

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