18Registered employee's entitlement to long service leave

18 Registered employee's entitlement to long service leave (1) A registered employee who is employed by a registered employer has an entitlement to be granted long service leave if any of the following occurs: (a) the employee has been credited with a total of 65 days of LSL credits for the first time; (b) the employee has been credited with a total of 32.5 days of additional LSL credits after the employee was credited with the 65 days of LSL credits mentioned in paragraph (a); (c) whenever the employee has again been credited with a total of 32.5 days of additional LSL credits after the employee was credited with the 32.5 days of LSL credits mentioned in paragraph (b). (2) The entitlement is for the employee to be granted an amount of long service leave not exceeding: (a) if subsection (1)(a) applies – 65 days; or

Construction Industry Long Service Leave and Benefits Act 2005 12 (b) if subsection (1)(b) or (c) applies – 32.5 days. (3) If the employee has an entitlement under subsection (1), the employee may apply to the employer for an amount of long service leave not exceeding: (a) the amount mentioned in subsection (2)(a) or (b) (as the case may be) if the employee does not have any unused entitlement; or (b) if the employee has any unused entitlement – the sum of the amount mentioned in subsection (2)(a) or (b) (as the case may be) and the unused entitlement. (4) The employer must grant the leave if the Registrar confirms that the employee is entitled to make the application. (5) The leave must start: (a) having regard to the needs of the employer's business – as soon as practicable; or (b) from a date that is agreed upon between the employer and employee. (6) The leave may be taken: (a) in one continuous period; or (b) if the employer and employee agree, in separate periods each of which is not less than 5 days. (7) A Saturday, Sunday or a public holiday must not be counted as part of the leave. (8) For this section: (a) a reference to an unused entitlement is a reference to so much of any previous entitlement of the employee under subsection (1) as has not been applied for payments of long service benefits to the employee; and (b) a reference to an amount mentioned in subsection (2)(a) or (b) for an employee who is also a registered contractor is a reference to so much of that amount as is reduced by any entitlement of the employee under section 20(1) that: (i) is based on the same LSL credits or additional LSL credits mentioned in subsection (1)(a), (b) or (c) that relate to that amount; and

Construction Industry Long Service Leave and Benefits Act 2005 13 (ii) has been applied for payments of long service benefits to the employee as a registered contractor. Example for section 18 John is a registered employee who has been credited with 78 days of LSL credits. John has never used any of his LSL credits to apply for long service leave or long service benefits. As John is employed by a registered employer, he is now entitled to be granted long service leave by that employer for a period not exceeding 65 days (see subsections (1) and (2)). John is granted 65 days of long service leave. He will not be entitled to be granted long service leave again until he has been credited with 19.5 days of additional LSL credits (so as to make up the 32.5 days of additional LSL credits required by subsection (1)(b)). Three years later, John has 32.5 days of LSL credits and is granted long service leave for 32 days. Because of subsection (1)(c), John will not be entitled to be granted long service leave again until he has been credited with 32 days of additional LSL credits.