8Granting of long service leave

8 Granting of long service leave

(1)  An employee who wishes to take long service leave is to submit an application to the relevant prescribed authority at least one month before the date on which the leave is proposed to commence.

(2)  An employee may request the relevant prescribed authority to accept an application for long service leave less than one month before the date on which the leave is proposed to commence if exceptional circumstances exist.

(3)  On receipt of an application, the relevant prescribed authority may –

(a) grant an employee any long service leave to which the employee is entitled; or

(b) grant an employee only part of any such long service leave; or

(c) refuse to grant any such long service leave.

(4)  A prescribed authority must grant or refuse to grant an application within one month after receiving the application.

(5)  A prescribed authority must not grant an employee a period of long service leave in excess of the period of leave to which the employee is entitled at the date on which the leave is to commence.

(6)  [Section 8 Subsection (6) amended by No. 57 of 2004, s. 4, Applied:01 Jan 2004] A prescribed authority must not grant long service leave for a period of less than 5 days unless it considers exceptional circumstances exist to justify a shorter period.

(7)  Any period of long service leave granted to an employee may be taken by that employee in one period or more than one period.

(8)  If a prescribed authority refuses to grant an employee part or all of any long service leave, it is to give the employee notice in writing of the reasons for that refusal.

(9)  If a prescribed authority refuses to grant an employee long service leave, it must grant the employee long service leave within 2 years after the date of the refusal for whichever of the following periods is the greater:

(a) at least half of the long service leave to which the employee is entitled; or

(b) 5 days.