Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

In this section – long service leave entitlement period, in relation to a person, means any period during which the person would be entitled, under the person's contract of employment in force during the period of incapacity, to be absent from his or her employment on long service leave on full or part pay; recreational leave entitlement period, in relation to a person, means any period during which the person would be entitled, under the person's contract of employment in force during the period of incapacity, to be absent from his or her employment on annual recreational leave on full pay.

If, during a period for which weekly payments would otherwise be payable to a person who has a compensable disease under this Act, there occurs any recreational leave entitlement period – the person must be given by his or her employer, in lieu of his or her annual recreational leave in respect of that period, a similar period of leave on full pay – at some time within 3 months from the date of his or her return to work; or at the termination of his or her right to weekly payments under this Act if he or she does not then return to work; or if the person so desires, the person may, by arrangement with his or her employer, take annual recreational leave during the period of incapacity for which weekly payments are payable.

If, during a period for which weekly payments would otherwise be payable to a person who has a compensable disease under this Act, there occurs any long service leave entitlement period – the person must be given by his or her employer, in lieu of his or her long service leave in respect of that period, a similar period of leave on full or part pay – at some time within 3 months from the date of his or her return to work; or at the termination of his or her right to weekly payments under this Act if he or she does not then return to work; or if the person so desires, the person may, by arrangement with his or her employer, take a period of long service leave during the period of incapacity for which weekly payments are payable.

If a person takes annual recreational leave or a period of long service leave during a period of incapacity in accordance with subsection (2) or (3), the person is not entitled to receive weekly payments during that annual recreational leave or long service leave.

An employer must not attempt to cause or require a person to take annual recreational leave or long service leave during a period of incapacity for which weekly payments are payable to the person. Fine not exceeding 100 penalty units.