LONG SERVICE LEAVE ACT 1987 - SECT 5
LONG SERVICE LEAVE ACT 1987 - SECT 5
5—Long service leave entitlement
(1) Subject to this
Act, a worker who has 10 years or more service is entitled to the following
long service leave—
(a) 13
weeks leave in respect of the first 10 years of service; and
(b) 1.3
weeks leave in respect of each subsequent year of service.
(1a) A worker who is
entitled to long service leave under subsection (1) becomes entitled to a
payment in lieu of the long service leave or a part of the long service leave
if an individual agreement to that effect is made and recorded in writing and
signed by the employer and the worker after the entitlement to the leave
accrues to the worker.
(2) Where the service
of a worker who is entitled to long service leave is terminated, the worker is
entitled to a payment in lieu of long service leave.
(3) Subject to
subsection (4), a worker who has completed seven years service (but less
than 10 years service) is, on termination of the worker's service, entitled to
a payment equal to the monetary equivalent of 1.3 weeks leave in respect of
each completed year of service.
(4) A worker is not
entitled to a payment under subsection (3) if—
(a) the
worker's contract of service is terminated on the ground of serious and wilful
misconduct on the part of the worker; or
(b) the
contract of service is unlawfully terminated by the worker.
(5) Where a worker's
service is terminated by the worker's death, the worker's entitlement under
this section vests in his or her personal representative.
(6) Where long service
leave has been taken by a worker or a payment in lieu of long service leave
has been made to a worker, the worker's long service leave entitlement is
reduced accordingly.
(7) An entitlement
under this section only arises in respect of completed years of service.