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  1. #51
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    Your employer seems to have no idea.

    My bet is that they just don't know and it's an honest mistake.
    I had to educate my payroll people on a couple of things and my company ALWAYS get your pay wrong when on maternity/parental leave.
    It's crazy...

    Could you send your work a copy of the fair work provision for LSL so they have it in writing?

    You're entitled to your LSL. Don't fret, stay calm and to the point, keep referring back to the legislation and I'm sure it will be sorted soon

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    CharlieDE  (18-08-2016)

  3. #52
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    How did you go @CharlieDE?

  4. #53
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    Still waiting for them to decide what they are doing! On Friday evening after me calling all day someone called me at 6pm to tell me they will get back to me early next week. No one called yesterday and payroll gets done Mondays. Fair work said I have to wait until they tell me what they are doing and go from there.

  5. #54
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    Nope not going to pay it! Waiting on state ombudsmen to look into it.

  6. #55
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    Quote Originally Posted by CharlieDE View Post
    Nope not going to pay it! Waiting on state ombudsmen to look into it.
    So crap.. Hope you get the right answer soon.

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    CharlieDE  (18-08-2016)

  8. #56
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    Someone in HR is really bad at their job

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    CharlieDE  (18-08-2016)

  10. #57
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    @CharlieDE I was having another think about this and I think the only way they can get around it is if they paid you your 22 weeks annual leave as a lump sum cash payout and therefore for those 22 weeks they could argue you were actually in fact on maternity leave and therefore no accrual of LSL would apply. Does that make sense?

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    CharlieDE  (18-08-2016)

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    I can't believe they are offering you nothing, not even a pro-rata amount!!

    Keep fighting them, you deserve to be paid!

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    CharlieDE  (18-08-2016)

  14. #59
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    Ombudsmen has said I'm right and entitled to the long service leave. HR said nope you are not and said I would have to go back for 10 months to be entitled to lsl because I was on maternity leave. I'm so stressed I have wasted so much time on this.

    Oh ombudsmen can only tell you the law they can't enforce it. I asked them what do I do now and she said try talking to someone else in HR.

    Anyone know what I do now? Thanks for your advice

  15. #60
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    Quote Originally Posted by CharlieDE View Post
    Ombudsmen has said I'm right and entitled to the long service leave. HR said nope you are not and said I would have to go back for 10 months to be entitled to lsl because I was on maternity leave. I'm so stressed I have wasted so much time on this.

    Oh ombudsmen can only tell you the law they can't enforce it. I asked them what do I do now and she said try talking to someone else in HR.

    Anyone know what I do now? Thanks for your advice
    Sorry to hear that. You can lodge a claim with Fair Work Australia here https://www.fwc.gov.au/disputes-at-w...tent-0-heading but sorry to say it can take a long time for these things to be resolved and if you plan to return to work there it can get messy..

    More info here https://www.fairwork.gov.au/how-we-w...rkplace-issues & here http://www.industrialrelations.nsw.g...vice_leave.pdf

    Maybe you could try speaking with your employer again and show them the actual legislation.
    Last edited by nattie84; 18-08-2016 at 16:57.

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