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  1. #1
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    Default Long Service Leave Q

    For any HR experts...
    I'll have been with my company for 7 years mid next year, but will have had a little more than a year off on mat leave.
    I know that I don't continue to accrue LSL while on mat leave but that it doesn't break my continuous service. So my question is, on my 7 year anniversary can I start to access the leave that I have accrued or do I need to wait for the full amount to accrues at just I've 8 years?
    Thanks!

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    It depends on what state/territory your in and whether your under an award, industrial agreement, EBA etc...

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    NSW - no award

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    I'm not in HR but I know unpaid mat leave doesn't count toward continuous service under our agreement.

  5. #5
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    almai is offline "you never know how strong you are until being strong is the only choice you have."
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    Default Long Service Leave Q

    I'm currently trying to access mine too. I've been at my work 7 years as of 31st of this month but my hr told me it is now extended to end of feb until I can access it as I took 16 weeks leave without pay/maternity leave a few years back.
    But now reading this, my Eca says I can access my lsl at 7 years pro rata... so I should be able to access what ever lsl I have accrued at the end of this month...?
    I'm possibly planning on leaving so I really wanted to find out the particulars... but without saying "because I want to leave"

    Edit: I'm in WA
    Last edited by almai; 16-10-2016 at 13:04.

  6. #6
    TheGooch's Avatar
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    I don't know much about nsw legislation but a quick read suggests you can't actually access it until after 10 years but that it will be paid out pro-rata if you leave after 7 and there was something about maybe even after 5 years if your employment is terminated. But you can't actually take the leave as leave until 10 years.

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    Default Long Service Leave Q

    Quote Originally Posted by TheGooch View Post
    I don't know much about nsw legislation but a quick read suggests you can't actually access it until after 10 years but that it will be paid out pro-rata if you leave after 7 and there was something about maybe even after 5 years if your employment is terminated. But you can't actually take the leave as leave until 10 years.
    This.
    To take LSL as actual leave, you need to wait until 10 years unless your company has something special in place that allows you to take it earlier (rare).
    At 7 years of service, you may be eligible to have the leave paid out to you upon termination of employment (there are certain criteria in different states - E.g. In QLD you don't receive it if you just leave to go to another job).
    However, in your case re. Maternity leave, any leave you took will not count towards your accrual. So if your 7 year anniversary was tomorrow, but you'd taken a year off for maternity leave, you'd only have 6 years accrued tomorrow & would need to work another year to hit that 7 years.

    I'm in SA, so you'd need to double check for NSW particulars

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  10. #8
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    its my understanding (and i havent worked in payroll in a while but I dont think the basic conditions have changed) is that you can only get paid out pro-rata'd LSL if you actually leave. If you are still working for them, you have to wait until 10 years.

    As for the continuous service - its my understanding that LSL does not accrue during mat leave or unpaid leave but that it doesnt mean this time has to start again. Its effectively that you dont add that in.

    So if you worked there for 5 years, then took mat leave for a year, then worked another year - your continuous service is actually only 6 years.

    If you have not actually completed 7 years working there, then you may not be entitled to a LSL pro rata payout.

    Again - I could be wrong with that, but that is the way I understand it.

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    A quick bit of research regarding LSL in NSW shows this:

    Long service leave applies to most NSW employees who are full-time, part-time or casuals.

    If you have been working for the same employer for 10 years you are entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage under the NSW Long Service Leave Act 1955 (the Act).

    The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:

    illness,
    incapacity or
    domestic or other pressing necessity.

    If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.

    The Act also provides for a pro-rata entitlement after five years, if an employee’s services have been terminated by the employer for any reason other than serious and wilful misconduct, or if the employee dies.

    If an employee ceases employment before 5 years service there is no entitlement for long service leave.

    Special conditions may apply to workers in the building and construction industry and employees of cleaning contractors.

    For more information contact the Long Service Corporation.

    If you were previously covered by a Federal award or agreement that provided long service leave arrangements, these may still apply. You will need to contact the Fair Work Infoline on 13 13 94 or visit Fair Work Online [Fair Work Ombudsman]

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    Gosh sorry everyone I forgot I started this... 10 years! I actually think I knew this! Aw well it was a nice idea that I could access it next year while it lasted!


 

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