What is the minimum period when taking long service leave in NSW? Is an employee allowed to take 1 day of long service leave if they choose?
Under s 4(3) of the Long Service Leave Act 1955 (NSW), an employee entitled to long service leave must take the leave in one continuous period, or if the employee and employer agree, in the following separate periods and not otherwise:
i. where the amount of the leave is 2 months, in two separate periods;
ii. where the amount of the leave exceeds 2 months and does not exceed 19.5 weeks, in two or three separate periods;
iii. where the amount of the leave exceeds 19.5 weeks, in two, three or four separate periods.
An employee being required to take long service leave in one continuous period means that they may not take 1 day of long service leave if they choose.
However, if, for example, the employee has accrued 2 months of long service leave, they may take the leave in 2 separate periods (if agreed to between the employee and the employer).