An employer may not always need you to work your notice period, however
sometimes would prefer this. The question then arises that if you don’t want to
work notice, can you substitute it with annual leave?
Or, if something comes up after you have resigned, and you need to take
annual leave to sort out some nagging issues, can you do this?
Clause 5.1 (6) (a) of the MIBCO Main Collective Agreement states the
“Annual leave shall not be concurrent with any period during which the
employee is under notice of termination of employment”
Remember that the employer’s disciplinary code is still applicable to you
during your notice period, and that unauthorized absence during your notice
period can lead to disciplinary action.
It is also important to remember the consequences of resigning with
In a Nutshell: You are not allowed to take annual leave
during your notice period, however the employer still needs to pay out accrued
leave that is due to you.