Can my employer make me take Long Service Leave

This is another question that I get asked when talking about long service leave (“LSL”).  First it is important to go to your work contract, then to your Award or Enterprise Agreement.  Once you have established that there are not provisions for how LSL is to be taken it is time to go to the legislation.

An employer must make an agreement with the worker about the time, the way and the conditions of how LSL is to be taken.  This means that you must come to an agreement between you and your employer as to when you are going to take LSL and for how long.

If you and your employer can’t agree then it is the employer who will decide when you will take LSL.  There are conditions though: the employer must give at least 3 months’ written notice of the date which you are to take LSL if they direct you to take 4 weeks or more.  Of course this is subject to any Award or Enterprise Agreement.

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