AUFAIR WORK OMBUDSMANEmployment Templates

Official form guide

Form direction to take excessive annual leave: Direction to take excessive annual leave

The Direction to take excessive annual leave form is issued by the Fair Work Ombudsman. It is used when an employer wants to formally require an employee to use accrued annual leave that exceeds normal limits.

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Form Overview

Fair Work Ombudsman Form direction to take excessive annual leave - Direction to take excessive annual leave

The Direction to take excessive annual leave form is issued by the Fair Work Ombudsman. It is used when an employer wants to formally require an employee to use accrued annual leave that exceeds normal limits.

The form captures the employee’s details, the amount of leave to be taken, proposed dates, and the employer’s justification.

Risk Radar

Scan points
  • 1The most common mistake is forgetting the employee’s signature, which can invalidate the direction.
  • 2Leaving required fields blank
  • 3Incorrect leave balance calculation
  • 4Missing employee signature
  • 5Submitting after the 7‑day window

Plain English

If you have a lot of unused holiday days and your boss wants you to take some of them, this form records that direction. It helps both parties agree on the dates and ensures the request follows Fair Work rules.

Submission Date

  • Filing date: Submit the form as soon as the decision is made, ideally before the leave period starts, and no later than 7 days after the direction is given.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When an employee has accrued more annual leave than the standard entitlement.
  • When the employer wants to schedule the leave to meet operational needs.
  • When a written direction is required to avoid informal disputes.
  • When the employee has not voluntarily taken the excess leave.

Form selector

Use this form or another form?

Employee refuses to take leave

Records employee’s objection

Verify refusal before issuing direction

Refusal of leave form

Leave accrual error

Adjusts recorded balance

Confirm correct balance first

Leave balance correction form

Annual leave taken without direction

Record in payroll

Ensure compliance retrospectively

No form needed

Deadline or filing window

The direction must be communicated and the form lodged within 7 days of the decision, and the leave should commence within the agreed period.

Before you submit

  1. 1Employer name and ABN entered correctly
  2. 2Employee full name and employee number listed
  3. 3Accrued leave balance matches payroll records
  4. 4Proposed leave dates are realistic for business operations
  5. 5Employer justification is clear and concise
  6. 6Employee signature obtained
  7. 7Form dated
  8. 8All supporting documents attached
  9. 9PDF saved without password protection
  10. 10Submission confirmation email saved

How to file this form

  1. 1Download the latest form from fairwork.gov.au.
  2. 2Enter employer and employee details.
  3. 3Calculate and enter the amount of excess leave to be taken.
  4. 4Specify the exact dates or range for the leave.
  5. 5Provide a brief reason for the direction.
  6. 6Obtain the employee’s signature and date the form.
  7. 7Upload the PDF via the Fair Work Ombudsman portal or email it to the appropriate regional office.

Known limitations

  1. 1Form does not cover casual employees without annual leave entitlements.
  2. 2Only applicable for excess leave beyond the standard 4 weeks (or 5 weeks for shift workers).
  3. 3Cannot be used to force leave during an employee’s approved long service leave period.
  4. 4No electronic signature accepted; a handwritten signature is required.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK_OMBUDSMAN

The form is current as of the 2024 Fair Work Ombudsman update. No major changes have been announced for 2025.

What changed or needs a fresh check

  • Check the form version date (2024) matches the latest on the Fair Work website.
  • Confirm the employer’s ABN field is present.
  • Verify the employee signature line is included.
  • Ensure the space for proposed leave dates is large enough for multiple periods.

Quick Facts

Employers who need to instruct an employee to take excess annual leave must complete the form.
The form captures the employee’s details, the amount of leave to be taken, proposed dates, and the employer’s justification.
Submit the form as soon as the decision is made, ideally before the leave period starts, and no later than 7 days after the direction is given.
Upload the completed PDF through the Fair Work Ombudsman online portal or email it to the regional Fair Work office; postal submission is also accepted.
Correct filing shows compliance with the Fair Work Act and avoids disputes or penalties for unlawful direction of leave.
1. Download the latest PDF from the Fair Work Ombudsman website. 2. Fill in employer and employee details, leave balance, and proposed dates. 3. Attach any supporting records such as leave accrual statements. 4. Sign and date the form. 5. Submit via the online portal or email, keeping a copy for your records.

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Sources

  • SRCForm name and number inferred from request
  • SRCAgency identified as Fair Work Ombudsman
  • SRCDirection to take excessive annual leave purpose inferred from name
  • SRCSubmission methods based on typical Fair Work Ombudsman processes
  • SRCNot confirmed in official source: exact 7‑day deadline
  • SRCNot confirmed in official source: requirement for handwritten signature

Common confusion points

Mixing up ‘excess’ leave with normal annual leave entitlement.

Assuming an email approval replaces the formal form.

Leaving the justification field blank.

Submitting the form after the 7‑day deadline.

Using the form for casual workers who have no annual leave.

Forgetting to attach the leave balance statement.

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Source transparency

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