An employer that intends to shut down all its operations over the Christmas and New Year period and have affected employees use paid annual leave during it must give them 2 months' written notice, or a shorter period the majority of relevant employees agree to. Employees engaged after the notice who will be affected must be given written notice as soon as reasonably practicable. The direction to take accrued paid leave must be in writing and reasonable, and the employee must comply. For any part of the shutdown not covered by a direction, the parties may agree in writing on unpaid leave; leave in advance may be taken under clause 21.10 and is counted when assessing accrued leave. The excessive leave rules in clauses 21.6, 21.7 and 21.8 do not cover leave taken under a shutdown direction.
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