The New South Wales Government has amended the Long Service Leave Act to provide greater flexibility for employees and employers to facilitate the taking of Long Service Leave (LSL) during this restricted trade period.

The key changes are:

• An employer and an employee (with at least 5 years’ service) can agree to take LSL in advance;
• An employer and employee can agree to take LSL in shorter blocks or periods (e.g. 1 day at a time);

For example, an employer and employee may agree that the employee works 2 days and takes 3 three days LSL per week.

It is recommended that any agreement to take LSL in advance is recorded in writing. An exchange of email correspondence would be sufficient in the current circumstances.