AP789529CRV - Metal, Engineering and Associated Industries Award 1998
8.1 Time of Taking Leave
8.1.1 When an employee becomes entitled pursuant to this Part of the award to long service leave such leave shall be granted by the employer as soon as practicable having regard to the needs of his/her establishment or subject to paragraph 8.3 hereof at such time or times as may be agreed between the employer and the employee.
8.1.2 Subject to the provisions of paragraph 6.2.2 of this Part of the award an employer shall not be required to grant an employee leave to which he/she has become entitled pursuant to this Part of the award until the amount of leave to which he/she has become entitled equals 13 weeks in respect of his/her first period of entitlement and eight and two-thirds weeks in respect of any subsequent period of entitlement.
8.2 Notice to Take Leave
8.2.1 Except where an employee agrees otherwise the employer shall give an employee at least 28 days' notice of the date from which his/her leave is to be taken.
8.3 Broken Leave
8.3.1 Leave shall be granted and taken in one continuous period; or if the employer and the employee so agree, in not more than three separate periods in respect of the first 13 weeks' entitlement, and in not more than two separate periods in respect of any subsequent period of entitlement.
8.4 Holidays, Annual Leave and Days Off
8.4.1 The long service leave prescribed by this Part of the award is exclusive of annual leave but is inclusive of all other holidays or days off in accordance with 6.1 of Part I.
8.5 Restriction upon Employment while on Leave
8.5.1 No employee shall during any period when he/she is on leave pursuant to this Part of the award engage in any employment for hire or reward with an employer known by him/her to be bound by this Part of the award. No employer bound by this Part of the award shall employ any such employee for hire or reward during any period when such employee is known by him/her to be on leave pursuant to this Part of the award.
8.6 Payment on Termination for Leave not Taken
8.6.1 Where the employment of an employee is terminated otherwise than by his/her death and any long service leave:
8.6.1(a) to which the employee was entitled has not been taken; or
8.6.1(b) accrues to the employee upon such termination,
the employer shall forthwith pay to the employee in full the amount in respect of such leave calculated as at the date of the termination in the manner set out in clause 7.1 hereof less any amount already paid to the employee in respect of that leave.
8.6.2 Where an employee dies and any long service leave:
8.6.2(a) to which the employee was entitled has not been taken; or
8.6.2(b) accrues upon termination of the employment by reason of his/her death
the employer shall upon request by the employee's personal representative pay to the employee's personal representative in full the amount in respect of such leave calculated as at the date of the death of the employee in the manner set out in sub-clause 7.1 hereof less any amount already paid to the employee in respect of that leave.
