NSW Forfeiting Annual Leave - Lawful Under Employment Law?

[Leigh0321]

Reading my Employment Contract, it states “Unused leave shall be forfeited at the end of each calendar year”. Is this lawful under Employment Law?

 

[Clancy]

I would assume not, unless somehow they got it approved by the Fair Work ombudsman?

https://www.fairwork.gov.au/awards-and-agreements/employment-contracts

 

[Rod]

As a general rule - no.

There can be exceptions to the rule but you'd need a lawyer to look at the detail before giving a definitive answer.

At a minimum they'd have to pay you any unused leave they take away, and it's doubtful they have that ability.