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VICAct
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s 8

Leave in advance

In force

8 Leave in advance

(1)

An employer may agree to an employee taking long service leave—

(a) despite the employee not completing 7 years of continuous employment with the employer; and

(b)

at any time before the employee becomes entitled to the long service leave.

(2)

If an employee takes long service leave before the employee is entitled to the long service leave, the employee is not entitled to any further long service leave or payment in lieu of long service leave for the period of employment in respect of which the leave in advance was taken.

(3) If an employee takes long service leave before the employee is entitled to the long service leave and the employee's employment ends, the employer may deduct from any payment payable to the employee as a result of the ending of the employment an amount equal to the amount paid to the employee for the leave (if any) in respect of which the employee will not become entitled.

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