Can my employer make me take Long Service LeaveCan my employer make me take Long Service Leave https://mjtlaw.com.au/wp-content/uploads/2016/04/long-service-leave-portable-1024x768.jpg 1024 768 MJT Law - Brisbane Employment Lawyers https://mjtlaw.com.au/wp-content/uploads/2016/04/long-service-leave-portable-1024x768.jpg
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.
The information in this document, broadcast or communication is provided for general guidance only. It is not legal advice, and should not be used as a substitute for consultation with professional legal or other advisors. No warranty is given to the correctness of the information contained in this document, broadcast or communication or its suitability for use by you. To the fullest extent permitted by law, no liability is accepted by the publisher for any statement or opinion, or for an error or omission or for any loss or damage suffered as a result of reliance on or use by any person of any material in the document, broadcast or communication.