The best way to discuss Christmas leave options at work

Have you ever felt obliged — or even forced — to take annual leave during the Christmas-New Year break?

Not everyone wants time off at the end of the year.

Perhaps you're planning a holiday for later, it isn't your turn to have the kids, or you don't celebrate Christmas.

"Many employees don't hold that Christian faith or don't see it as very important," says Connie Zheng, former co-director of the Centre for Workplace Excellence at Adelaide University.

There are some circumstances where an employer can force you to take annual leave during this period, but it depends on a few things.

Here's what the experts say.

Does your organisation wind down over the holidays?

An employee can be directed to take annual leave during a shutdown period if their award or enterprise agreement allows it, explains Ben French, a lecturer in the Griffith University Business School's department of management.

A shutdown is when a business temporarily closes, such as during the Christmas and New Year period.

"Or it could be a partial close-down," Dr French says.

"That's where it becomes a bit more complicated, deciding who is required and who is not."

Employees who are not covered by an award or enterprise agreement can be required to take paid annual leave if it's stipulated in their contract or the "requirement is reasonable".

Joellen Riley, an emeritus professor at the University of Sydney Law School, says modern awards make provisions for different industries and occupations. 

For example, the Nurses Award requires employers to give at least 28 days' notice of a requirement to take leave because of a shutdown.

Dr Riley says employers can also require their employees to take annual leave if they have accrued excessive balances (generally more than six weeks).

"On the whole, the Act and the awards made under it emphasise that employers and employees must act reasonably and attempt to reach agreement before any directions are given."

What if you don't have enough annual leave?

In that case, an employer and employee might agree to take annual leave in advance, says Dr French.

"Or an employer might have them use RDOs and time off in lieu, such as by working some extra hours in advance by agreement — as long as it doesn't breach the award."

They might even agree to leave without pay.

If the request seems unreasonable, what can you do?

Dr French recommends talking to your manager first, and the HR department if the organisation has one.

If you don't reach an agreement, he says you can contact your relevant union or the Fair Work Ombudsman.

"In their award or agreement there might be a dispute procedure," Dr French says.

Dr Riley says on occasions when unions have disagreed with an employer's approach, they have contested decisions in the federal court system.

But as court disputes are "drawn out and expensive", Dr RIley says it's better for people to take a reasonable view and come up with a compromise without that approach.

Discuss annual leave preferences ahead of time

Dr Zheng also recommends discussing your requests as early as possible.

"If you talk to your manager much earlier in the year … [most] reasonable people will say, 'I understand your situation and let's plan for this.'"