Ask Lisa

Dear Lisa,

I recently resigned from my position as a teacher in a long day care centre and my employer told me that I am not entitled to leave loading on my annual leave. When I called the IEU I was told that my employer should pay my annual leave loading out. When I told the owner of the centre that the Union said I am entitled to leave loading, he told me to show him the part of the modern award that says he has to pay it. Can you tell me what I should show him?


Dear Belinda,

The advice you received from the IEU is correct and I encourage your employer to contact the Fair Work Ombudsman to confirm your entitlement.

The Fair Work Ombudsman has advised that, pursuant to Section 90(i2) of the Fair Work Act 2009, if an employee is entitled to annual leave and annual leave loading during their employment then they must be paid out for both entitlements upon termination of their employment. The Ombudsman further advises that this applies even if a clause in a modern award, agreement or contract expressly states that this entitlement is not payable.