For example, Inghams Enterprises (Lisarow) Enterprise Agreement 2014 contains a provision for annual leave payments. It provides that any payment of paid annual leave must be subject to a separate written agreement. The written agreement is mandatory: the standard clause provides that the employer and the worker can agree to pay up to two weeks of annual leave over a 12-month period, provided that the worker has at least four weeks of annual leave after an effective payment. The standard clause states, among other things, that long-term leave is without public holidays. Therefore, during a long-term leave, all public holidays falling to a day when a worker usually works must be admitted on leave. Under the law, workers are entitled to just over six weeks of leave after completing at least seven years of uninterrupted service. For each consecutive year of continuous service, staff take one-fifth of one month of service leave. For more information, visit the LSL Act 2018 Fact Sheet 6 – LSL Demarcation – Effects of Holidays, Absences and Interruptions (DOCX 236.63 KB) Visit our long service holiday page: continuous employment for more information. In certain circumstances, the employer and the worker may agree in writing that part of their long-term leave will be diverted to appropriate benefits. “A worker may request in writing to waive one week of annual leave and to obtain payment of that amount (including the leave charge) in lieu of the leave. The payment is conditional on the company accepting the request. The worker must have at least four weeks` leave after payment and can only demand payment twice a year. When a worker opts for a payment instead of annual leave, his or her entitlement to annual leave is reduced by the amount of annual leave.
However, since the NES does not require leave to be paid for individuals/caregivers in the event of termination, it is very rare for bonuses or agreements to allow this right to be paid, and perhaps even less so for an employer who is willing to do so. The NES provides that when a worker is not covered by a Modern Award or Enterprise Agreement, he or she is not allowed to pay for personal leave/caregiver leave. There is no obligation to use the Fair Work Commission proposal, but using this model, the employer meets the requirements as part of the written agreement. Long-term leave rights are also transferred when a worker is laid off at the time of the change of business or in the previous month and is then employed by the new employer within 3 months. Under the agreement between the employer and the worker, a worker (with at least ten years of uninterrupted service) may pay all or part of his or her right to long-term leave. This agreement must be written and signed by both parties. However, this differs when an employee does not have a fixed weekly salary.