An employer may direct an employee to take long service leave by giving at least 12 weeks’ written notice. Can an employer direct an employee to take long service leave? If the employment then ends before the employee accrues that long service leave, the employer may deduct from any monies payable to the employee as a result of the termination, an amount equal to the amount paid to the employee for the long service leave taken in advance. However, there is no requirement for an employer to agree to this. An employer may agree to an employee taking long service leave before the employee becomes entitled to the leave. Can long service leave be taken in advance? The balance of his leave will then be paid out once his employment ends. In this example, Rui can work a four-day week for the last year of his employment, without loss of pay or reduction in superannuation if he takes one day of long service leave each week. The Act allows leave to be taken in one-day periods. His employer likes this idea, as it will reduce the long service leave payment to Rui when he reaches retirement. Rui could wait until he retires and receive a payment for the accrued long service leave, but he would like to ease into retirement by working a four-day week for 12 months. As a result, he has 26 weeks’ accrued long service leave. Rui is nearing retirement and has never taken long service leave. The ‘Definitions’ in section 3 of the Act provide some guidance on what is included in the meaning of ‘reasonable business grounds’. If an employee makes a request to take long service leave, the employer must grant the leave as soon as practicable unless the employer has reasonable business grounds for refusing the request. Leave can be taken for any period of not less than one day at a time. Requesting long service leaveĪn employee can request to take long service leave at any time after becoming entitled to take the leave. Jenny is entitled to take up to seven weeks’ long service leave to renovate her house. Jenny’s employer calculates the amount of long service leave she can take as follows:Ĩ years multiplied by 52 weeks = 416 weeks. Jenny asks her employer if she is entitled to take long service leave. A friend of Jenny tells her she might be entitled to take long service leave because she has more than seven years’ employment at the chemist. Jenny wants to renovate her house but doesn’t have the time. Jenny has worked at a chemist for eight years and six weeks.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |