Long Service Leave Entitlement - Employment Law
#1
Long Service Leave Entitlement - Employment Law
My query concerns long service leave for casual employees. If an employee has been working an average of 30 hours per week (standard working week is 40 hours) per year for 10 years, they have been working at 75% of a standard week. The employer is advising that the long service leave entitlement is not entitled after 10 years service, as they have only 'really' worked 7.5 years (ie 75%) so needs to work longer until they are entitled to the 10 years long service leave.
It was my understanding that the employee would be entitled to the long service leave entitlement after 10 years, but only 75% of the allowance.
Any experts confirm this? The employer is advising they have found a loophole and openly exploiting it.Thanks
It was my understanding that the employee would be entitled to the long service leave entitlement after 10 years, but only 75% of the allowance.
Any experts confirm this? The employer is advising they have found a loophole and openly exploiting it.Thanks
Last edited by Shaun&Dee; Nov 26th 2015 at 10:39 pm.
#2
Re: Long Service Leave Entitlement - Employment Law
Have a look at Fairwork - LSL
There's a bit there about Casual workers but I don't fully understand it - although it seems to imply that your statement is correct (only 10 years but eligible for only 75% of the allowance).
It may be worth asking on the Whirlpool Jobs forum (WP Jobs as there are some very knowledgeable people there. Alternatively drop an email to Fairwork.
Best of luck.
There's a bit there about Casual workers but I don't fully understand it - although it seems to imply that your statement is correct (only 10 years but eligible for only 75% of the allowance).
It may be worth asking on the Whirlpool Jobs forum (WP Jobs as there are some very knowledgeable people there. Alternatively drop an email to Fairwork.
Best of luck.
#3
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Re: Long Service Leave Entitlement - Employment Law
My query concerns long service leave for casual employees. If an employee has been working an average of 30 hours per week (standard working week is 40 hours) per year for 10 years, they have been working at 75% of a standard week. The employer is advising that the long service leave entitlement is not entitled after 10 years service, as they have only 'really' worked 7.5 years (ie 75%) so needs to work longer until they are entitled to the 10 years long service leave.
It was my understanding that the employee would be entitled to the long service leave entitlement after 10 years, but only 75% of the allowance.
Any experts confirm this? The employer is advising they have found a loophole and openly exploiting it.Thanks
It was my understanding that the employee would be entitled to the long service leave entitlement after 10 years, but only 75% of the allowance.
Any experts confirm this? The employer is advising they have found a loophole and openly exploiting it.Thanks
https://www.fairwork.gov.au/how-we-w...m-weekly-hours
#5
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Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,807
Re: Long Service Leave Entitlement - Employment Law
Queensland - we have some part-time staff, working1/3 and 2/3 of full-time. They have been told they are entitled to pro-rata LSL after 10 years.
#6
Re: Long Service Leave Entitlement - Employment Law
My wife (Queensland) was paid pro-rata for her permanent part time work after 10 years.
#7
Re: Long Service Leave Entitlement - Employment Law
Thanks guys, its Qld. The correct thing to do which most employers do (as shown by comments above) is to pay LSL after 10 years and pro rata based on time worked, but there is a legal loophole which is what they are exploiting...
I can not find any definitive answer to whether what they are doing is legal or not.
I can not find any definitive answer to whether what they are doing is legal or not.
#8
Re: Long Service Leave Entitlement - Employment Law
Thanks guys, its Qld. The correct thing to do which most employers do (as shown by comments above) is to pay LSL after 10 years and pro rata based on time worked, but there is a legal loophole which is what they are exploiting...
I can not find any definitive answer to whether what they are doing is legal or not.
I can not find any definitive answer to whether what they are doing is legal or not.
If you can't work out your situation from this guide maybe you could email them ?
#9
Re: Long Service Leave Entitlement - Employment Law
Can you ask your employer for a copy or link to the law they are finding the loophole in? At least you would know what they are referring to and could have a conversation about it.
Best of luck.
Best of luck.
#10
Re: Long Service Leave Entitlement - Employment Law
Thanks. I will call the phone number in the link above. They did it to a previous employee who wanted LSL after 10 years, they contacted Fair Work or one of those organisations, and they advised that what they were doing was legal. Not moral but legal! I will let you know how I go with the phone call. Thanks