Leave allowed before entitlement accrues
38 Leave allowed before entitlement accrues
An employer and a designated worker may agree on the worker taking long service leave in anticipation of the entitlement accruing to the worker under this Act if an enterprise agreement expressly provides for such an agreement.
The agreement is to be based on 1.3 weeks of leave in respect of each 12 months of effective service entitlement.
An agreement to take long service leave under this section must be in writing and signed by the employer and the person.
If an agreement is entered into under this section, the industry board for the relevant designated sector must pay to the person the amount that would be payable if the leave was being taken under section 37, including, if relevant, an enterprise agreement referred to in section 37(9).
If—
a person takes long service leave under this section and receives a payment from an industry board; and
before the entitlement to that leave accrues, the person ceases to work as a designated worker in the relevant designated sector for a continuous period of 12 months or more, the industry board for the relevant designated sector may recover from the person an amount determined under the regulations (subject to any exception or qualification prescribed by the regulations).
This Act’s bill:Second reading speech
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