Common use of Taking Leave Clause in Contracts

Taking Leave. (1) In a case to which paragraph (a) and (b) of subclause (2) of Clause 3. - Area and Scope applies:- (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrued due or at such time or times as may be agreed between the employer and the worker or in the absence of such agreement at such time as may be determined by a Board of Reference having regard to the needs of the employer's establishment and the worker's circumstances. (b) Except where the time for taking leave is agreed to by the employer and the worker or determined by a Board of Reference, the employer shall give to a worker at least one month's notice of the date from which his leave is to be taken. (c) Where a worker is beyond 60 years of age at the time he becomes eligible for long service leave, he shall have the option of taking actual leave under this scheme or of receiving payment in lieu thereof on retirement. Such option shall be exercised in writing, addressed to the employer at the time of becoming eligible for long service leave. (d) The employer shall have the right in cases of emergency to recall any worker from long service leave, in which case the unexpired leave shall be made up on some mutually convenient date. (e) Any leave shall be inclusive of any public holidays or annual leave specified in this award occurring during the period when the leave is taken. (f) Payment shall be made in one of the following ways:- (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or (iii) in any other way agreed between the employer and the worker. (g) It shall be a condition of every worker taking long service leave that he (or she) - (i) shall not under any circumstances be engaged in any gainful employment while on such leave; (ii) shall return to the active service of the employer forthwith at the expiration of the leave; and (iii) shall not draw any sick or accident pay simultaneously with long service leave pay. A breach of paragraph (i) above will result in immediate discharge from the employer's service accompanied for forfeiture of all rights (if any) to retiring allowance or other similar payments or benefits. A breach of paragraph (ii) above (except as on the grounds of illness necessitating retirement or additional leave on the advice of a medical officer appointed by the employer) will result in forfeiture of all rights (if any) to retiring allowance or other similar benefits or payments. (2) In a case to which paragraph (2)(c) or paragraph (3) of clause (3) applies and in any case in which the employment of the worker 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 worker and upon termination of employment by death pay to the personal representative of the worker upon request 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.

Taking Leave. (1) 5.1. In a case to which paragraph (asubclauses 3.2(a) and (bor 3.2(b) of subclause (2) of Clause 3. - Area and Scope applies:-apply: (a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrued accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agreement at such time as may be determined by a Board of Reference employee, having regard to the needs of the employer's ’s establishment and the worker's employee’s circumstances. (b) . Except where the time for taking leave is agreed to by the employer and the worker or determined by a Board of Reference, the employer shall give to a worker an employee at least one month's ’s notice of the date from which his leave is to be taken. (c) Where a worker is beyond 60 years of age at the time he becomes eligible for long service leave, he shall have the option of taking actual leave under this scheme . Leave may be granted and taken in one continuous period or of receiving payment in lieu thereof on retirement. Such option shall be exercised in writing, addressed to if the employer at and the time employee so agree in not more than three separate periods in respect of becoming eligible for long service leave. (d) The employer shall have the right first 13 weeks’ entitlement and in cases not more than two separate periods in respect of emergency to recall any worker from long service leave, in which case the unexpired leave shall be made up on some mutually convenient date. (e) subsequent period of entitlement. Any leave shall be inclusive of any public holidays or annual leave specified in this award agreement occurring during the period when the leave is taken. (f) taken but shall not be inclusive of any annual leave. Payment shall be made in one of the following ways:-ways: (i) in In full before the worker employee goes on leave; (ii) at At the same time as his wages would have been paid to him if the worker employee had remained at work, in which case payment shall, if the worker employee in writing so requires, be made by cheque posted to an address specified by the workeremployee; or (iii) in In any other way agreed between the employer and the workeremployee. (gb) It No employee shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the employment from which he is on leave, and if a employee breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave upon which he has entered, and the employer shall be a condition of every worker taking long service leave that he (or she) - (i) shall not under entitled to withhold any circumstances be engaged further payment in any gainful employment while on such leave; (ii) shall return to the active service respect of the employer forthwith at the expiration period and to reclaim any payments already made on account of the such period of leave; and (iii) shall not draw any sick or accident pay simultaneously with long service leave pay. A breach of paragraph (i) above will result in immediate discharge from the employer's service accompanied for forfeiture of all rights (if any) to retiring allowance or other similar payments or benefits. A breach of paragraph (ii) above (except as on the grounds of illness necessitating retirement or additional leave on the advice of a medical officer appointed by the employer) will result in forfeiture of all rights (if any) to retiring allowance or other similar benefits or payments. (2) 5.2. In a the case to which paragraph (2)(csubclauses 3.2(c) or paragraph (3) of clause (3) applies 3.3 apply and in any case in which the employment of the worker employee who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, taken the employer shall shall, upon termination of his employment otherwise than by death pay to the worker employee, and upon termination of employment by death pay to the personal representative of the worker 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 to 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.