Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an employee
becomes entitled to a period of long service leave under this Act the leave is
to be granted and taken —
(a)
subject to any agreement between the employer and the employee, as soon as
reasonably practicable after it becomes due; and
(b) in
one continuous period, or if the employer and the employee so agree, in
separate periods of not less than one week.
(1a) Where an employer
and employee have not agreed when the employee is to take the employee’s
long service leave, subject to subsection (1b), the employer is not to
refuse the employee taking, at any time suitable to the employee, any period
of long service leave to which the employee became entitled more than
12 months before that time.
(1b) The employee is
to give to the employer at least 2 weeks’ notice of the period during
which the employee intends to take the long service leave.
(2) In a case to which
section 8(2)(c) or section 8(3) applies the employee shall be deemed
to have been entitled to and to have commenced leave immediately prior to such
termination. In such cases and in any case in which the employment of the
employee who has become entitled to leave hereunder is terminated before such
leave is taken or fully taken the employer shall, upon termination of his
employment otherwise than by death pay to the employee and upon termination of
employment by death pay to the personal representative of the employee upon
request by the personal representative, a sum equivalent to the amount which
would have been payable in respect of the period of leave to which he is
entitled or deemed to have been entitled and which would have been taken but
for such termination. Such payment shall be deemed to have satisfied the
obligation of the employer in respect of leave hereunder.
(3) An employee is to
be paid for a period of long service leave at the time payment is made in the
normal course of the employment, unless —
(a) the
employee requests in writing to be paid before the period of leave commences,
in which case the employee is to be so paid; or
(b) the
employee and employer agree to another method of payment.
(4) If —
(a) a
public holiday occurs during a period of long service leave taken by an
employee under section 8(2)(a) or (b); and
(b) the
employee is otherwise entitled to that holiday under the employee’s
conditions of employment,
the period of long
service leave is increased by one day for each such public holiday.
[Section 9 amended by No. 37 of 1964
s. 6; No. 79 of 1995 s. 51; No. 36 of 2006 s. 58.]