131FContinuation of steps taken before 1 July 2016 for leave on or after that day

131F Continuation of steps taken before 1 July 2016 for leave on or after that day

Steps taken by employee in Norfolk Island employment (1) If, before 1 July 2016: (a) an employee in Norfolk Island employment has taken a step that the employee is required to take so that the employee can, on or after 1 July 2016, take leave of a type of which there is an equivalent under the National Employment Standards; and (b) an equivalent step is required under the National Employment Standards; the employee is taken to have taken the step under the National Employment Standards. (2) If an employee is taken, by subsection (1), to have taken a step, in relation to leave, under the National Employment Standards, the employee is entitled to adjust the step consistently with the provisions of the National Employment Standards in relation to that type of leave.

Note: For example, an employee could vary the content of a notice given to the employer in relation to the leave, or vary the amount of leave the employee has notified the employer that the employee intends to take.

Steps taken by employer of employee in Norfolk Island employment (3) If, before 1 July 2016: (a) an employer of an employee in Norfolk Island employment has taken a step that the employer is required to take so that the employee can, on or after 1 July 2016, take leave of a type of which there is an equivalent under the National Employment Standards; and (b) an equivalent step is required under the National Employment Standards; the employer is taken to have taken the step under the National Employment Standards. (4) If an employer is taken, by subsection (3), to have taken a step, in relation to leave, under the National Employment Standards, the employer is entitled to adjust the step consistently with the provisions of the National Employment Standards in relation to that type of leave.