Can my employer force me to take unpaid leave during a Christmas shutdown?

No. Under the standard shutdown clause operative in 78 modern awards since 1 May 2024, an employer can only DIRECT you to take accrued paid annual leave during a shutdown. If your balance won't cover it, the remaining days require your written agreement — to either annual leave in advance or unpaid leave. Without your agreement, they cannot make those days unpaid.

How much notice does my employer have to give before a shutdown?

At least 28 days' written notice of a direction to take annual leave during a shutdown, and the direction must be reasonable. A majority of affected employees can agree to a shorter notice period. New starters hired inside the 28-day window must be told as soon as practicable.

What if I agree to take annual leave in advance and then resign?

Most awards allow the employer to deduct the un-accrued portion of leave taken in advance from your final pay if your employment ends before you have re-accrued it. Weigh that before agreeing — unpaid leave for the shortfall days leaves your accruals untouched but costs you the wages.

Am I paid public holidays that fall during a shutdown?

Yes. Public holidays (like Christmas Day, Boxing Day and New Year's Day) that fall on your ordinary work days during a shutdown are paid public holidays under s.114-116 of the Fair Work Act — they are not deducted from your annual leave. Only the working days between them count against your leave balance.

Christmas Shutdown Leave Calculator

Will your annual leave cover the Christmas shutdown? Calculate your shortfall and know your rights when your employer directs leave over a close-down.

Last verified: 14 August 2026Jump to calculator ↓

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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