Official form guide
Form direction to take excessive annual leave: Direction to take excessive annual leave
The Direction to take excessive annual leave is a template letter from the Fair Work Ombudsman. It is used by employers when an employee has accrued more than 8 weeks (10 weeks for shiftworkers) of annual leave and the award permits the employer to direct leave. The letter tells the employee when to take the leave and how much they must take.
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Form Overview
Fair Work Ombudsman Form direction to take excessive annual leave - Direction to take excessive annual leave
The Direction to take excessive annual leave is a template letter from the Fair Work Ombudsman. It is used by employers when an employee has accrued more than 8 weeks (10 weeks for shiftworkers) of annual leave and the award permits the employer to direct leave. The letter tells the employee when to take the leave and how much they must take.
Risk Radar
Scan points- 1The most common mistake is giving less than the minimum 8‑week notice.
- 2Providing less than the required 8‑week notice
- 3Using an outdated version of the template
- 4Not checking the specific award provision first
- 5Failing to keep a copy of the signed letter
Plain English
If an employee has built up a lot of holiday, some awards let you ask them to use it. This template helps you write a clear, legal‑style notice that meets award rules. Fill in the blanks, give the employee the notice, and keep a copy for your records.
Submission Date
- Filing date: Give the letter within the notice period set by the award – at least 8 weeks before the leave starts and no more than 12 months in advance.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When an employee has more than 8 weeks (10 weeks for shiftworkers) of accrued annual leave.
- Your award explicitly permits directing annual leave to reduce an excessive balance.
- You need to give the employee formal notice of the required leave period.
- The goal is to bring the employee’s leave balance down to no less than 6 weeks.
- You have discussed the leave plan with the employee and reached an agreement.
Form selector
Use this form or another form?
Employee requests voluntary leave
Employee initiates leave, not employer‑directed
✓ Use standard leave request form
Leave balance under 8 weeks
Award does not allow direction for lower balances
✓ Continue normal leave accrual
Award does not contain a direction clause
Cannot legally force leave
✓ Seek advice from Fair Work Infoline or union
Leave loading dispute
Loading may or may not apply
✓ Check award for loading requirements
Deadline or filing window
The notice must be provided at least 8 weeks before the leave begins and cannot exceed 12 months in advance.
Before you submit
- 1Confirm the employee’s accrued leave exceeds the award threshold (8 weeks or 10 weeks for shiftworkers).
- 2Check the award includes a clause allowing direction of excessive leave.
- 3Agree on start and end dates with the employee and record the agreement.
- 4Insert the correct clause number, award title, number of days, and dates into the template.
- 5Provide at least 8 weeks notice (not more than 12 months) as required by the award.
- 6Include your contact details and the employee’s entitlement to annual leave loading if applicable.
- 7Print or email the completed letter and obtain the employee’s acknowledgement of receipt.
- 8Keep a signed copy for your records.
How to file this form
- 1Download the latest Direction to take excessive annual leave template.
- 2Review your award to confirm the direction clause and notice requirements.
- 3Meet with the employee to discuss the excess leave and agree on dates.
- 4Complete the template, replacing all red placeholders with the specific details.
- 5Deliver the letter to the employee within the required notice period.
- 6File a copy of the signed letter in the employee’s personnel record.
Known limitations
- 1Only usable where the relevant award expressly permits directing leave.
- 2Cannot reduce the employee’s balance to less than 6 weeks after the leave is taken.
- 3Shiftworkers have a higher threshold (10 weeks) before direction is allowed.
- 4Notice must be between 8 weeks and 12 months; shorter notice is not compliant.
- 5Annual leave loading depends on the award and must be checked separately.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
Almost done reviewing the fields?
Fillable formOpen in Editor->The template was last updated in January 2022; verify you are using the latest version from fairwork.gov.au/templates.
What changed or needs a fresh check
- Download the most recent template from fairwork.gov.au/templates.
- Confirm the colour‑coded placeholders (red < >) are still present.
- Check that the notice period range (8 weeks–12 months) matches the current award.
- Verify the clause reference format matches the latest award wording.
Quick Facts
Sources
- SRCThreshold for excessive leave: >8 weeks (10 weeks for shiftworkers)confirmed in source.
- SRCMinimum balance after direction: not less than 6 weeksconfirmed in source.
- SRCNotice period range: at least 8 weeks, not more than 12 monthsconfirmed in source.
- SRCRequirement to check award for clause and loadingconfirmed in source.
- SRCTemplate download location: fairwork.gov.au/templatesconfirmed in source.
- SRCContact details for assistance: Infoline 13 13 94, My account, unionconfirmed in source.
- SRCExact clause number and award title must be inserted by userconfirmed in source.
- SRCPay of base rate continues during leaveconfirmed in source.
Common confusion points
Mixing up the 8‑week excess threshold with the 6‑week minimum remaining balance.
Assuming annual leave loading is always payable; it depends on the award.
Using an outdated template that may have different placeholder instructions.
Applying the direction when the award does not contain a relevant clause.
Setting a notice period shorter than 8 weeks or longer than 12 months.
Forgetting to obtain the employee’s agreement on the leave dates before issuing the letter.
Source transparency
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