In Victoria, employees receive 1 week of Long Service Leave for every 60 weeks of continuous employment, so for When employees are entitled to be paid LSL you have to calculate the amount to be paid based on their normal weekly hours. Of course, this is different in almost every state and territory, for example the way to work out weekly hours is:.
In Queensland, Western Australia and Victoria this means you have to keep all your employment records back to the hire dates of your oldest employee. You also need to check the relevant LSL Act for the requirements for employees paid commissions and bonuses.
Untaken long service leave and pro-rata is usually paid on termination, although this can depend on the reason for the termination and the applicable LSL Act. Victoria is straightforward as you pay pro-rata LSL to all employees at 7 years, regardless of the termination reason. All other states are more complex.
For workers who are remunerated wholly in relation to an ordinary time rate of pay, long service leave pay is based on whichever is the highest rate:. For workers who have no fixed weekly number of hours of work such as casual work long service leave pay is based on whichever is the highest and at the current hourly rate of pay:. For example, if the 12 month average weekly hours are 20 hours per week and the 5 year average weekly hours are 22 hours per week, the highest average weekly hours i.
For workers who are remunerated otherwise than wholly in relation to an ordinary time rate of pay, such as piece workers or commission-only workers, long service leave pay is based on whichever is the highest rate:. In addition, bonuses and commissions received by the worker are averaged over the previous 12 months or averaged over the previous five years if the five year average pay rate is used and added to the weekly rate used to calculate the leave payment.
Before taking long service leave, the worker may, with the agreement of the employer, be paid in full for the leave or at their ordinary pay rate at their normal regular pay intervals during their long service leave.
Example Casual. Only work related allowances which are skill related, e. Expense allowances, e. If the worker is currently employed between 10 and 15 years the worker may take paid leave of no more than two months 8. At 15 years, if the worker remains with the same employer there will be an entitlement to a further one month or 4. Once a worker has completed 15 years of service, only completed years of service will count towards long service leave, and the period of service ends at the last completed year.
For example, if an employee has 15 years and 9 months service, only 15 years being the completed years of service will count towards long service leave.
The long service entitlement must be taken as leave. Payment for long service leave entitlements is only made on termination of employment. A break in a workers service will not affect the continuity of service or the calculation of service in the following circumstances:. A break in the workers service will not affect the continuity of service but does not count when calculating length of service in the following circumstances:. Parental Leave for national system employees is provided for under Division 5 Part and related provisions of the Fair Work Act These provisions are extended to non-national system employees under Section of the Fair Work Act Section 22 of the Fair Work Act defines the meaning of service and continuous service.
Example: If a worker was employed for 10 years and took 1 year of parental leave, the worker would need to work a further 12 months to take the 10 year entitlement. The question of whether a worker, who started employment with a company overseas before transferring to a subsidiary or holding company in Australia, receives credit for his or her overseas service for the purpose of long service leave has not been dealt with authoritatively by Australian industrial tribunals except to the limited extent in International Computers Australia Pty Ltd v Weaving AILR ; 2 NSWLR An extra day must be included in the long service leave if it is a day the worker would have worked had they not been on long service leave.
So book in to clarify your questions about long service leave. Long Service Leave Made Easy webinar. If you have been working for the same employer for 10 years you are entitled to 2 months 8.
The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:. If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.
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.
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