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.