Section 90 — Fair Work Act 2009 (Cth)

(1) If, in accordance with this Division, an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.

(2) If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.

Related sections

• s 87 — Entitlement to annual leave
• s 88 — Taking paid annual leave
• s 89 — Employee not taken to be on paid annual leave at certain times
• s 91 — Transfer of employment situations that affect entitlement to payment for period of untaken paid annual leave
• s 92 — Paid annual leave must not be cashed out except in accordance with permitted cashing out terms
• s 93 — Modern awards and enterprise agreements may include terms relating to cashing out and taking paid annual leave

Research how courts apply s 90

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.