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  1. #1
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    Default URGENT HELP work Cancelled my long service leave

    It's a public holiday in brisbane so can't call fair work or HR and I need advice.

    I went on maternity leave on the 26th of September 2015 I had 22 weeks annual leave that took me past my 10 year work anniversary my manager called me and I went in for a presentation and got a certificate, gold badge $200 gift voucher. My long service leave appears on all time sheets and online profile.

    I then use the government maternity leave and the last 2 months just been using savings.

    I called on Monday to discuss my return to work and to use my long service leave. All good my manager told me she had to process through head office because it was long service leave.

    Well at 5pm yesterday I get a call telling me I'm not entitled to the long service leave because I was on maternity leave and it stops accruing on September 26th doesn't matter if I was on annual leave.

    I said I would have gone back to work earlier if this was the case and am now in a financial crisis with out money I thought was mine. They just said it was an error and I should have pick it up.

    So my question is what rights do I have? I have been counting on the leave
    Can they do this?

    My online profile has been wiped of any leave including personal leave thanks ladies I'm so stressed.

  2. #2
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    How stressful!

    I'm not an expert but my understanding is that you accrue for any paid leave so annual and any paid maternity leave but it's under the employers discretion if they accrue it on unpaid leave I think legally they don't have to.

    So in my opinion it should be honoured for the 22 weeks of annual you took.

    I could be wrong

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    CharlieDE  (10-08-2016)

  4. #3
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    Quote Originally Posted by sarahjane914 View Post
    How stressful!

    I'm not an expert but my understanding is that you accrue for any paid leave so annual and any paid maternity leave but it's under the employers discretion if they accrue it on unpaid leave I think legally they don't have to.

    So in my opinion it should be honoured for the 22 weeks of annual you took.

    I could be wrong
    Thanks this is what I think also.

    I can't find any info online I'm at a loss.

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    You don't accrue leave while on leave. It's a pretty significant error on their behalf to make and you rely on their systems and knowledge.

    Whatever happens next is up to your employer should they agree to a compromise.

    This is super stressful, I'm sorry you are going through this.

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    CharlieDE  (10-08-2016)

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    I am sure you accrue leave while on paid leave. You don't accrue any while on any unpaid leave, but it does count towards your years of service for long service leave purposes, so you will be entitled to it at the same time just not for as many days.

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    Default URGENT HELP work Cancelled my long service leave

    My understanding is annual leave is still considered active service. So by all accounts if you have had the required amount/time served of active service before commencing maternity leave they are required to grant you long service leave.
    @JR03 works in HR and is very cluey.

    As an aside, I wouldn't understand why a business would decline it. What's the point of an employee taking months off on unpaid mat leave, only to return for a little while only to go off again on long service leave? It doesn't make good business sense, it's better for the employer to combine/encourage it to be taken together?

    Good luck, hope it gets sorted quickly. Xxxx
    Last edited by Little Miss Sunshine; 10-08-2016 at 08:13.

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    CharlieDE  (10-08-2016)

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    @Little Miss Sunshine is correct. You still accrue L/S while on A/L but you don't accrue any leave while on L/S. Well this is how it is in the company I work for.

    You should still be able to call Fairwork about this as they are open in other states today 131394 . I'm in mat leave now and I've taken my A/L first then L/S leave second and at half pay aswell then the PPL from the government so in turn I've got an income until the end of March next year

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    CharlieDE  (10-08-2016)

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    I think it might be a gray area, if I had just taken the leave and not had a baby there would be no question I would be entitled but when you go on maternity leave it is 52 weeks from the first day of leave including annual leave. And when you are on maternity leave everything stops accruing. Well this is what I can work out form online.

    But seriously they gave me a presentation lunch and for the last 6 months I have been counting on the leave. I just don't think this is right!
    Last edited by CharlieDE; 10-08-2016 at 08:43.

  14. #9
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    Quote Originally Posted by babybeeno1 View Post
    @Little Miss Sunshine is correct. You still accrue L/S while on A/L but you don't accrue any leave while on L/S. Well this is how it is in the company I work for.

    You should still be able to call Fairwork about this as they are open in other states today 131394 . I'm in mat leave now and I've taken my A/L first then L/S leave second and at half pay aswell then the PPL from the government so in turn I've got an income until the end of March next year
    So when does your 52 weeks maternity leave start? At the end of your accrued leave? Thanks

  15. #10
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    I am pretty sure that whether you accrue leave while you are on leave depends on your contract, award, or EB. It has been different in different places I've worked.

    Are you a member of your union? If so, i would suggest giving them a call.


 

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