In response to the COVID-19 pandemic, New South Wales has passed legislation allowing for more flexible use of long service leave. Previously, the Long Service Leave Act 1955 (NSW):

  • allowed a worker to access not less than one month of long service leave in advance, if the worker had at least one month of long service leave accrued
  • required the employer to give a worker at least one month’s notice to take long service leave.

The amendments to the Act allow:

  • long service leave to be taken with less than one month’s notice if agreed by the employer and worker
  • long service leave to be taken in blocks of less than one month.

The amendments commenced on 25 March 2020 and will be in place for a period of six months, unless extended.

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