13th October 2025
By Joseph Kelly, Kelly Workplace Lawyers
What If Me and My Boss Can’t Agree When I Should Take Annual Leave?
So, you’re ready for a much-needed break! Maybe a family holiday, a trip overseas, or just some time to switch off and relax. But there’s one problem: your boss doesn’t agree with when you want to take your annual leave.
It’s a frustrating situation, and one that comes up more often than you’d think. The good news is that Australian law has clear rules about how annual leave should be handled and what’s considered “reasonable” when it comes to deciding when you can take it.
Let’s unpack what happens if you and your boss can’t agree on your annual leave dates.
Who Gets to Decide When Leave Is Taken?
Under the Fair Work Act 2009 (Cth), annual leave is meant to be taken by agreement between you and your employer. That means neither side can simply demand or refuse leave without a good reason.
You can ask to take annual leave whenever you like, and your boss can refuse, but that refusal has to be reasonable.
On the flip side, your employer can direct you to take annual leave, but again, only if the direction is reasonable and allowed under your award, enterprise agreement, or contract.
Basically, both sides have rights, but there has to be a fair balance between the needs of the business and your right to take a break.
When Can Your Boss Make You Take Annual Leave?
There are certain situations where an employer can tell you to take annual leave, as long as it’s fair and backed by your award or agreement. Common examples include:
- Christmas shutdowns: Lots of workplaces close over the holidays. If that’s the case where you work, your employer can direct everyone to take leave, as long as they give you enough notice.
- Too much leave saved up: If you’ve got a big chunk of unused leave (usually more than eight weeks), your boss might ask you to use some of it.
- Quiet business periods: Sometimes, if things really slow down and there’s not much work to do, it might be reasonable for your employer to ask staff to take leave.
But in all of these cases, you should be consulted first, and the notice period has to be reasonable.
Can You Say No to Taking Leave?
Yes, if your boss’s direction is unreasonable.
For example, if you’re told to take leave with barely any notice, during a time that clashes with important family plans, or when you don’t have enough leave built up, those could all be unreasonable situations.
If you’re not sure whether your boss’s request is fair, it’s worth checking your award or enterprise agreement. These documents often spell out how much notice has to be given and when leave can be directed.
Can Your Boss Refuse Your Leave Request?
They can, but only if they have reasonable business grounds. That might include:
- It’s the busiest time of year and they genuinely need you at work.
- Too many people are already on leave at the same time.
- Your absence would cause serious disruption to the business.
However, “reasonable” doesn’t mean your boss can just say no for convenience or because they’d prefer you not to go. There has to be a genuine, practical reason.
What To Do If You’re Stuck in a Dispute
If you and your boss just can’t agree, the first step is to talk it through. Often, a calm conversation can sort things out. You might be able to find a middle ground, like taking part of your leave now and the rest later.
If that doesn’t work:
- Check your award or enterprise agreement. It might include a dispute resolution process.
- Raise it with HR or a manager. Sometimes internal discussions can help.
- Get advice. You can contact the Fair Work Ombudsman or speak to an employment lawyer for tailored guidance.
The Bottom Line
Annual leave is there to help you rest and recharge. Not cause more stress. Both you and your employer have to act reasonably when deciding when leave is taken.
If you’re stuck in a disagreement or you think your boss is being unfair, it’s a good idea to get some advice early. An employment lawyer can help you understand your rights and options so you can take your well-earned break with confidence.
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