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Flexible Long Service Leave Changes During the COVID-19 Crisis

Published March 28, 2020 (last updated June 24, 2020) Author: Employsure
Employment law book

To help businesses continue operating during the COVID-19 pandemic, the NSW Parliament has amended the Long Service Leave Act 1955 (NSW) to make the taking of long service leave more flexible.

What are the key amendments?

1. An employer may give a worker less than one month’s notice to take long service leave, if the worker agrees to the lesser period of notice. If the worker does not agree to the lesser period of notice period, the employer must provide at least one month’s notice when directing a worker to take a period of long service leave.

2. When an employer and worker come to a mutual agreement that long service leave will be taken in advance (either wholly or partly), there is no longer a requirement for the leave period to be a minimum of one month, provided the employer and worker agree on the shorter period/s.

We recommend that any agreements made under this section should be recorded in writing and signed by both parties. As such, records of the agreement should be kept and placed on the employees personnel file.

When does this commence?

The legislation will have effect for six months from 25 March 2020 with the possibility of an extension to one year.

Be aware that the advice above is of a general nature. How this applies to you may differ depending on the specific circumstances of your case. Please contact the Employsure Advice Team for more information: [email protected]

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