Question from Andrew Narunsky ([email protected])
I have an employee who will be taking off extended leave (possibly 6 weeks) to have an operation and recover. They currently have at total of 6 days accrued personal leave, no accrued annual leave and approx. 40 days of long service leave. Instead of using up a portion of their long service leave they have requested to take the time off as unpaid leave. Our preference is for them to use their available long service leave. Are we able to “insist” they do this? The are employed in VIC and I notice that the employer needs to give 12 weeks notice to ‘enforce’ an employee to take long service leave, however, this is possibly a different situation as per the available leave details supplied above.
Looking forward to quick response.
In Victoria you cannot direct an employee to take long service leave unless you provide them with 12 weeks’ written notice – there are no exceptions to this rule.