Long Service Leave Act 1976

Subject to this Act, when an employee becomes entitled to long service leave under this Act, that leave shall be granted by the employer as soon as practicable after the employee becomes entitled to it, having regard to the needs of the employer's establishment, but – the taking of the leave may be postponed to such date as is agreed upon between the employer and the employee or, in default of agreement, as the Secretary, having regard to the problems involved, directs, but no direction by the Secretary under this paragraph shall require the long service leave to commence before the expiration of 6 months after the date of the direction; and in no case is any entitlement to long service leave lost or in any way affected by the foregoing provisions of this subsection or by any failure or refusal of the employer to grant the leave.

Nothing in subsection (1), or in any agreement or direction made under this section, or in a determination made on an appeal against such a direction, requires an employee to take any long service leave, or any part of any long service leave, during any period in respect of which he is paid, or is entitled to be paid, any sum by way of workers' compensation and in which he is unable to work in his ordinary employment by reason of the injury or disablement in respect of which he is entitled to that workers' compensation.

Where by virtue of subsection (2) any period of long service leave is not taken at the time agreed, directed, or determined under this Act the agreement, direction, or determination shall be of no effect with respect to that period of long service leave, but nothing in this subsection prejudices the making of a further agreement or direction under this section with respect to that period of long service leave.

Notwithstanding anything in this section, where the employment of an employee is for any reason terminated before he takes any long service leave to which he is entitled, or where any long service leave entitlement accrues to an employee because of the termination of his employment, the employee shall be deemed to have commenced to take his leave on the date of the termination of employment and to be entitled to be paid by his employer ordinary pay in respect of that leave accordingly.

An employer and employee may agree that any accrued entitlement to long service leave shall be taken in 2 periods, but, except in pursuance of an agreement under this subsection, long service leave shall be taken in one period.

The ordinary pay of an employee on long service leave shall be paid to him by the employer when the leave is taken, and shall be paid in one of the following ways, namely:in full when the employee commences his leave; at the same times as it would have been paid if the employee were still on duty; in any other way agreed upon between the employer and the employee – and the right to receive ordinary pay in respect of that leave accrues accordingly.

In determining the amount of a payment required to be made in order to comply with subsection (6)(a) any variation in the terms or conditions of the employment of the employee that comes into effect during the period of the long service leave shall be disregarded, but, upon the termination of the period of the long service leave, the employer shall adjust the amount of the payment so as to accord with the variation.

Where an employee's pay in respect of a period of long service leave is paid in accordance with subsection (6)(b), it shall, if the employee, in writing, so requires, be made by cheque posted to a specified address.

Long service leave under this Act is not inclusive of any trade holiday, public holiday, statutory holiday as defined in the Statutory Holidays Act 2000, or annual leave to which an employee is entitled under the terms of his employment occurring during the period when the leave is taken.

Except in the case of an employee to whom subsection (4) relates, nothing in this Act requires an employer to grant to an employee leave to which the employee has become entitled under this Act, unless – in the case of an employee who is not a mining employee, the period of leave to which he has become entitled is equal to or greater than 8 2/3 weeks in respect of his first period of entitlement and 4 1/3 weeks in respect of a subsequent period of entitlement; and in the case of a mining employee, the period of leave to which he has become entitled is equal to or greater than 13 weeks in respect of each of his periods of entitlement.