Where the employer and the employee agree, the taking of leave may be postponed. In such cases, the employer and employee may make it a condition that the ordinary pay to be paid in respect of the leave shall be that which would have been payable had the leave been taken at the date when agreement was entered into, instead of the current rate applicable at the date when the postponed leave is taken.
It is a debatable point as to whether a precise date for taking leave must be determined at the time is agreed that leave be postponed. The relevant provision in the legislation is sec 4(3)(a) which provides that where an employer and an employee agree that the taking of long service leave be postponed until an agreed date, then leave shall be taken as from that date.
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