Taking Long Service Leave In Anticipation. Of The Entitlement Date • The Act currently provides that leave can only be taken after the Employee becomes entitled to the leave, i.e. after 10 years’ service. • This has now been amended to allow that “an employer and an Employee may agree on the taking of long service leave in anticipation of the entitlement to the leave accruing to the worker”. • The Act also provides that “If an Employee takes long service leave in anticipation of the entitlement to that leave accruing to the Employee, and 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 Employee on termination of service the difference between the amount paid to the Employee in respect of the long service leave taken and the amount of payment in lieu of long service leave (if any) to which the Employee would have been entitled on termination of service if the Employee had not taken leave in anticipation of the entitlement accruing”. (This means that we can recover the money if an Employee leaves).
Taking Long Service Leave In Anticipation. Of The Entitlement Date * The Act currently provides that leave can only be taken after the employee becomes entitled to the leave, i.e. after 10 years' service. * This has now been amended to allow that "an employer and an employee may agree on the taking of long service leave in anticipation of the entitlement to the leave accruing to the worker". * The Act also provides that "If an employee takes long service leave in anticipation of the entitlement to that leave accruing to the employee, and 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 employee on termination of service the difference between the amount paid to the employee in respect of the long service leave taken and the amount of payment in lieu of long service leave (if any) to which the employee would have been entitled on termination of service if the employee had not taken leave in anticipation of the entitlement accruing". (This means that we can recover the money if an employee leaves). Forms to be used The changes to the Act are based upon a concept that requires the application of "individual agreements", between the employer and an employee. The Act states that these "agreements" must be in writing and that they must contain the signatures of both parties to the "agreement". In addition, the Act now contains a specific requirement that any payment in lieu of long service leave made to an employee must be recorded on a form as prescribed by the Act, known as Schedule 2A. A copy of this form is attached and is basically self explanatory. We need to use the form headed "Application for Payment in Lieu of Long Service Leave" as the "individual agreement". This form can be given to employees when they make an inquiry or request for a payment in lieu of long service leave. This form must be fully completed and retained on the employee's file as proof of the individual agreement, as well as providing a copy to the employee. The Act then specifies that we must also give a copy of Schedule 2A to the employee when we actually make a payment in lieu of long service leave. The Act specifies that this form must be exactly as it appears on the attached form and not be altered in any way. A copy of this form must also be placed on the employee's file and then retained for at least three years after the employee has left the company. Company Policy The company's policy in relation to the...
