Can we instruct an employee to take long service leave if they have been with the business for more than 10 years?
An employer’s ability to instruct employees to use some of their accrued long service leave depends on the relevant state jurisdiction. This is because long service leave is regulated by state legislation.
In all states and territories but Western Australia, and to a large extent Tasmania, employers are able direct employees to take long service leave provided that sufficient written notice is given. Notice requirements vary from state to state. In Victoria, an employer must provide an employee with 12 weeks’ written notice, whereas it is only 1 month’s written notice in NSW.
A useful breakdown on notice requirements by state jurisdiction can be found in the chapter Long Service Leave.