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  1. #1
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    Default Resigning on maternity leave

    Can anyone help I am on my second year of maternity leave with my 2nd bub and fell pregnant and have had my third child. I have decided to resign from my position I am entitled to pro rata long service leave. I was working 22.5 hours before I went on maternity leave. They have done my final pay and said it goes off the last 3 years regardless if i have worked or not so instead of getting paid for 22.5 hours I'm only getting paid for 10 hours. Does this sound right or fair? Sorry for the essay.

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    I know coles does theirs on an average hours per week worked ocer the time of employment. But I've no idea if that's how they are legally required to work it out. Try giving fair work australia a call and they can advise.

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    Thank you I will give them a call today.

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    You'll need to look up the LSL legislation for your state as it varies. It's so complex! Instinctively doesn't sound right to me but I'm only familiar with VIC and NSW.

    Assume you didn't use any accrued LSL while on leave?

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    @candemum I had a look at SA because I was curious. It does state that workers hours are averaged out over the last three years. However, parental leave does not count as service (although does not break continuity of service) so I am almost certain that it should be averaged over your last three years of actual service there i.e before you went on parental leave.

    SafeWork SA has a LSL brochure which has the info and contact details for questions if you google it.

  6. #6
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    Thank you that makes more sense and the way I thought it would happen the last 3 years of actual work not when you are on maternity leave. Because of course it doesn't make sense if you haven't been working. Thank you I need to find where this all is in writing I'm from SA and then will get back in touch with my employer. I queried them yesterday and they said its averaged over last 3 years regardless if on maternity leave.
    Thanks again.

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    With my work any unpaid leave doesn't count towards long service leave accrual. Long service leave accrues over the time you have worked. So if you work less hours for a period then you get long service leave.

  8. The Following User Says Thank You to VicPark For This Useful Post:

    candemum  (05-03-2014)

  9. #8
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    No I didn't use any accrued long service leave while on maternity leave. God I can really use the money I hope my employer is wrong.

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    Just ask your HR department for a copy of their policy it has to be in there.

  11. #10
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    Legislation trumps any internal policy though so what their policy says is irrelevant if it's wrong.

    Let us know how you go!


 

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