South Australian Consolidated Acts

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LONG SERVICE LEAVE ACT 1987 - SECT 7

7—Taking of leave

        (1)         Long service leave should be granted by an employer to a worker as soon as practicable (taking into consideration the needs of the employer's business or undertaking) after the worker becomes entitled to the leave.

        (2)         Long service leave should be taken in one continuous period.

        (3)         The employer should give a worker at least 60 days notice of the date from which leave is to be taken.

        (4)         Despite the preceding provisions of this section, an employer and a worker may agree on—

            (a)         the deferral of long service leave;

            (b)         the taking of long service leave in separate periods;

            (c)         the granting and taking of long service leave on less than 60 days notice;

            (d)         the taking of long service leave in anticipation of the entitlement to the leave accruing to the worker.

        (6)         If—

            (a)         a worker takes long service leave in anticipation of the entitlement to that leave accruing to the worker; and

            (b)         before the entitlement to that leave accrues, the service of the worker is terminated (for any reason),

the employer may deduct from any remuneration payable to the worker on the termination of service the difference between the amount paid to the worker in respect of the long service leave taken and the amount of payment in lieu of long service leave (if any) to which the worker would have been entitled on the termination of service if the worker had not taken leave in anticipation of the entitlement accruing.

        (7)         Every day occurring after the commencement of a period of long service leave (including public holidays and days on which the worker would not normally have been required to work) will be counted as a day of that leave.



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