sec.107Entitlement to long service leave

### sec.107 Entitlement to long service leave The employee is entitled to long service leave on full pay of at least the number of weeks worked out using the following formula— where— entitlement means the entitlement to long service leave of an employee under section 95 . service means actual service expressed as a part of a year. An employee who worked half of each year, over a 10-year period, is entitled to half the entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5 / 10 = 4.3334). In working out the length of the employee’s continuous service— service with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and a period between seasons when the employee is not employed by the employer must be taken into account if— in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment. If the employee is employed by the employer between seasons, the part of the period between seasons when the employee is employed must be taken into account in working out the length of the employee’s actual service. If the employee is entitled to long service leave other than under this Act, the employee is entitled to leave that is at least as favourable as the entitlement under this section. In this section— actual service means the total ordinary time in years actually worked by the employee during the employee’s period of continuous service. (sec.107-ssec.1) The employee is entitled to long service leave on full pay of at least the number of weeks worked out using the following formula— where— entitlement means the entitlement to long service leave of an employee under section 95 . service means actual service expressed as a part of a year. An employee who worked half of each year, over a 10-year period, is entitled to half the entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5 / 10 = 4.3334). (sec.107-ssec.2) In working out the length of the employee’s continuous service— service with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and a period between seasons when the employee is not employed by the employer must be taken into account if— in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment. (sec.107-ssec.3) If the employee is employed by the employer between seasons, the part of the period between seasons when the employee is employed must be taken into account in working out the length of the employee’s actual service. (sec.107-ssec.4) If the employee is entitled to long service leave other than under this Act, the employee is entitled to leave that is at least as favourable as the entitlement under this section. (sec.107-ssec.5) In this section— actual service means the total ordinary time in years actually worked by the employee during the employee’s period of continuous service. - (a) service with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and - (b) a period between seasons when the employee is not employed by the employer must be taken into account if— (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment. - (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and - (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment. - (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and - (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.