How Much Notice Does an Employee Have to Give?
When a part-time or full-time employee resigns, they are required to give notice to their employer. That notice begins when they hand in a resignation letter and ends on their last day of employment.
How much notice must employees give?
The amount of notice is set out in an employee’s contract, award or enterprise agreement. Those contracts also determine when an employer can withhold money if they don’t give the minimum notice period.
What happens when employees give more notice than required?
If an employee chooses to do so, they can give more notice than is outlined in their contract, award or agreement. However, an employer doesn’t have to take the extra notice and can instead choose for the employee to work the minimum notice period. When an employee resigns and gives more notice than required, the employer should let them know whether they accept the full notice period or will enforce the minimum notice period.
Can an employee take leave during a notice period?
An employee can only take holiday leave during the notice period when the employer agrees. If the employer needs them working, they are entitled to revoke their request for leave.
However, the employee can still take sick leave if they give notice as soon as possible and provides evidence such as a medical certificate on request. If an employee has no sick leave left during their notice period, they can take unpaid sick leave.
It is also worth noting that an employer cannot force an employee to take leave during their notice period.
When don’t employees have to give notice?
While most employees working in Australia have to give notice, it doesn’t apply to a number of situations. These include:
- Casual employees; they have no contracts guaranteeing they will provide or receive work and thus have no notice periods.
- Seasonal workers; they are considered fixed-term employees without a guarantee of work.
- Employees hired for a specific time period or to complete a specific task; these are fixed-term contract workers.
- Certain industry workers; daily hires in the building and construction or meat industry are considered casual employees. This also includes weekly hires in these industries when the work is impacted by seasonal factors.
- When workers are fired for serious misconduct such as assault, theft or fraud.
What’s the deal with final pay?
Final pay is the residual money owing to an employee after they finish working. Final pay includes the outstanding wages owing, accumulated annual leave and redundancy pay, annual leave loading or accrued long service leave if it applies. It doesn’t include any sick or carer’s leave if it hasn’t been used.
If no date of payment has been arranged in the contract, award or agreement then it is best practice to pay on their final day of employment or the following day.
Are you unsure what to do?
If you’re unsure about your requirements or obligations contact i3Group with your queries. We’re employee experts and will clarify your situation for you.