Hi all,
Note that this forum is created and be answered by serious assistants only.
I am working for a Local Governement Australia for approximately 5 years. And I know I have accrued some long service leave and I am not allowed to use these leaves till I worked 7th year. I wonder what happened if I terminate my contract (and start another new job), will I get refunded for my 5 years’ long service leave + annual leaves?
Regards,
A
Not sure about SA laws but in VIC you would not get any of the long service you have accrued unless you completed at least 7 years for the same employer. Even if you start a new job then later go back to your old job you would have still lost the long service as it has to be continuous employment.
Same in SA, same everywhere to my knowledge.
OP - you only earn Long Service leave after being employed by the same employer for 7 years (some exceptions if your Long service was transferred to a new company as part of a redundancy program).
Between 7 and 10 years you can't actually take Leave, but you will have that Leave paid out to you if you leave the company (usually referred to a "pro-rata").
Only after being at the company for 10 years can you actually take Long Service Leave.
Some awards/agreements allow you to use lsl from 7yrs onwards in fact my employer is encouraging just that. When i started working it took 15yrs to get your lsl and be allowed to start taking it.
The point of long service leave is to reward you for sticking around. It would defeat the purpose if they paid it out early.
…actually the point of Long Service Leave was to allow Australians to return to the Mother Country back in the days when most people had 1st or 2nd degree relatives in the UK. At the time, the return trip would generally be by boat.
This makes Australia relatively unique, even amongst other Commonwealth nations.
Of course, these days it's essentially leave-to-do-those-outstanding-DIY-jobs, which is even better.
I was under the impression that there were some industries that allowed you to accrue/or transfer to a different employer. I think the building industry due to different employers doing different estates.
As you're in a government body, it may be transferable to another government body.
End result; you still won't be able to access that LSL until 7years for a payout when leaving (or 10yrs to take it as leave)
And, I am not your assistant, nor am I serious. Probably ignore all of the above.
Edit: Oh, and remember it's accrued from when you're full-time/part-time. So if you had an additional 3 months as Casual, that will not be included.
Only if you transfer to a new job that recognises previous employment.
Example, my fiance transferred from a QLD catholic school to a VIC one, they have an arrangement where previous employment is transferable.
rompastompa - you are correct - there is this: http://www.longservice.nsw.gov.au/
You definitely won't get refunded your LSL if you terminate your contract. IMO, its possible, but very unlikely that you would be able to transfer it to your new employer.
Annual leave will get paid out if you leave.
My take is - after 7 years you can take it or get it paid out if you leave/resign. However, you could also be entitled to it if your role is made redundant after 5 years. Hope it makes sense and helps you
Not in Queensland, even if you completed 7 years, if you resign on your own accord, you get nothing. Only after 10 years you will get your long service leave entitlements.
Some employers will pay out accrued long service leave at 7 years. My last employer did.
Yes, some good bosses will but under the law, it is not required, you must have a good relations with your employer.
It would depend on your workplace agreement (if you have one) or your award - whatever 'rules and regulations, rights etc' your workplace has.
When I worked in NSW (Nursing in the private sector) we were able to be paid out pro rata our long service leave after 5 years if we resigned.
After 7 years you get partial allocations, no where near the full amount. The only time you are entitled to your long service is after 5 years and you are made redundant. My wife quit a few weeks ago 9 years into a job, she was paid out 4 days long service and forfeited the 6-7 weeks she had accrued, purely because she quit on her own terms.
If she quit due to illness she may have received her whole entitlement.
Different depending on which state. In Vic i could leave my current job of 7 and a half years and receive 6.5 weeks of pay.
It varies from employer to employer.
Ask for a copy of the agreement in regards to LSL from your employer.
Don't forget ATO want their share too of your entitlement!
no, i dont think so.
you are entitled to your long service leave after 7 years (i assume you are in ACT from memory). you'll just get your annual leave paid out if you leave after 5 years.