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Industrial Relations Act 2016
sec.97Taking long service leave
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### sec.97 Taking long service leave
The commission may insert provisions in an applicable industrial instrument—
about when, the way in which, and the conditions on which, long service leave may be taken; or
requiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.
An employee and employer may agree when the employee will take long service leave.
If the employee and employer can not agree, the employer may—
decide when the employee will take long service leave; and
give the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.
(sec.97-ssec.1) The commission may insert provisions in an applicable industrial instrument— about when, the way in which, and the conditions on which, long service leave may be taken; or requiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.
(sec.97-ssec.2) An employee and employer may agree when the employee will take long service leave.
(sec.97-ssec.3) If the employee and employer can not agree, the employer may— decide when the employee will take long service leave; and give the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.
- (a) about when, the way in which, and the conditions on which, long service leave may be taken; or
- (b) requiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.
- (a) decide when the employee will take long service leave; and
- (b) give the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.