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CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 16

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 16

16—Long service leave entitlement

        (1)         Subject to this Act, a construction worker who has an effective service entitlement of 2 600 days is entitled to 13 weeks long service leave.

        (2)         Long service leave must be granted by the employer by whom the construction worker is employed when the entitlement arises as soon as practicable (taking into account the needs of the employer) after the person becomes entitled to the leave.

        (3)         Notwithstanding subsection (2), an employer and a construction worker may agree that the construction worker take leave in separate periods subject to the following qualifications:

            (a)         a construction worker's first long service leave entitlement cannot be taken in more than three separate periods; and

            (b)         each such period must be constituted by whole weeks of leave and be of at least two weeks duration; and

            (c)         any subsequent period of long service leave to which the construction worker becomes entitled must be taken in periods of at least two weeks duration.

        (4)         Where—

            (a)         a construction worker takes long service leave; or

            (b)         the construction worker's employment by the employer referred to in subsection (2) comes to an end before he or she takes accrued long service leave and the worker, in a manner and form approved by the Board, makes an election under this provision,

the Board must pay to the person an amount calculated by multiplying his or her ordinary weekly pay by the period of leave referred to in paragraph (a) or (b) (as the case may be).

        (5)         If a person dies, any entitlement of the person under this section vests in his or her personal representative.