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  1. #41
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    Quote Originally Posted by CharlieDE View Post
    Ok so this is what HR have told me

    at my work I'm entitled to 4 weeks full paid maternity leave that gets used first (never got it). Then I can use annual leave after that but because I'm on maternity leave you can't accrue time towards Lsl. She said they will give me the 4 weeks maternity leave pay that I should have got.

    To get my lsl I need to return to work for 9 weeks full time.

    I work for westfarmers but the hotel division obviously someone has made a mistake should I take it further?

    Hope this makes sense
    Thats weird. My work has all paid leave BEFORE maternity leave. I find it ridiculous any other way.

    Can I ask how you apply for leave, mine is a computer system where you say x date to x date is annual, x date to x date is paid mat leave and x date is unpaid.

    I would assume it is somewhere in writing with dates?

    Quote Originally Posted by CharlieDE View Post
    No not in a union! My dad said that once you do 7 years you should get pro rata lsl but I'm not sure
    I think it varies between states.

  2. #42
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    I never applied for leave my venue manager and I just kept communicating I told her I wanted to finish up on the 26th of September and that was it. I was 36 weeks pregnant and finding it hard on my feet for 10 hours a day. They wanted me to work a few more days but physical couldn't. Still had no one to replace me.

    It's a large company but no chefs have gone on maternity leave

  3. #43
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    7 years is pro rata is correct and what you've been told about having to go back for those 9 weeks is also correct but you could use the LS later when you have another child. It's obvious that the person in your hotel where you work who did you leave request has made the mistake first. Always get it in writing and a copy.

    On another note I work for west farmers to but in diff states and all the pays come out of the same processing centre.

  4. #44
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    Quote Originally Posted by twinklify View Post
    Thats weird. My work has all paid leave BEFORE maternity leave. I find it ridiculous any other way.

    Can I ask how you apply for leave, mine is a computer system where you say x date to x date is annual, x date to x date is paid mat leave and x date is unpaid.

    I would assume it is my somewhere in writing with dates?



    I think it varies between states.
    My system at work is like yours but I also got mine in writing and signed off by the big boss and the state boss and got copies plus I'm in the union

    What they have done to OP is so dodgy not even entering anything legit but then to get ppl it is generally paid through your employer well mine will be when it kicks in in November and I work for west farmers like the OP does

  5. #45
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    Quote Originally Posted by CharlieDE View Post
    It's a large company but no chefs have gone on maternity leave
    Not an excuse for them to not know how it works.

    I hope you get through to fair work as I am another person who believes that they have been dodgy and you are entitled to LSL - as an aside did you apply for PPL?

  6. #46
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    When you're on any paid leave, you accrue leave, whether you're also on unpaid parental leave at the same time or not. That includes annual leave and any company-funded paid parental leave (but not govt. PPL). So that's 22 + 4 weeks that you would have been accruing LSL - are they trying to say you need to go back for 9 weeks even after the 26 weeks of paid leave is taken into consideration? Even if your leave dates aren't in writing, if they've paid you the 22 weeks A/L, that's them approving it!

    Are you in QLD? I'll have a look at the LSL legislation in relation to when Pro-rata LSL can be taken.

  7. The Following 3 Users Say Thank You to JR03 For This Useful Post:

    CharlieDE  (11-08-2016),Little Miss Sunshine  (11-08-2016),smallpotatoes  (11-08-2016)

  8. #47
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    Default URGENT HELP work Cancelled my long service leave

    Just found this in relation to continuous service which confirms what I've been saying about accruing LSL while on paid leave:

    "Continuous service
    Continuous service refers to paid working time and paid leave. Employment is the total period engaged and can include unpaid leave. The long service leave entitlement is based on continuous service with the same employer including instances where the Industrial Relations Act 1999 states that an employee's continuity of service is:

    taken to be with the same employer
    or
    not broken in certain circumstances."



    And here is what it says for pro-rata LSL:


    "Long service leave entitlements for shorter periods of service
    Employees are entitled to receive proportionate payment of long service leave on termination of employment after completing 7 years continuous service. This payment is often called
    pro-rata long service leave.

    Employees who have completed 7 but less than 10 years continuous service are entitled to pro-rata long service leave only if:

    the employee's service is terminated by their death
    the employee terminates their service because of their illness or incapacity or because of a domestic or other pressing necessity
    the employer dismisses the employee for a reason other than the employee's conduct, capacity or performance
    or
    the employer unfairly dismisses the employee."

    Here's the website where I found that info: https://www.business.qld.gov.au/busi...inuous-service
    Last edited by JR03; 11-08-2016 at 15:37.

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    CharlieDE  (11-08-2016),Little Miss Sunshine  (11-08-2016)

  10. #48
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    Thankyou fair work have told me exactly that. I Called HR and got a lot of ummm and arrrrr I'll get back to you I'm just, waiting for someone to call me back

    I'm in brisbane.

    Yes so if I never went on leave I would have only had to work 9 more weeks to reach 10 years.

    I will let you know how I go.

  11. The Following User Says Thank You to CharlieDE For This Useful Post:

    babybeeno1  (11-08-2016)

  12. #49
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    So no one called back, so I called them and the HR manager had left for the day. They obviously not worried and losing sleep.

  13. #50
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    Or they are very worried and stalling.


 
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