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Long Service Leave Entitlement - Employment Law

Long Service Leave Entitlement - Employment Law

Old Nov 26th 2015, 11:37 pm
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Default 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

Last edited by Shaun&Dee; Nov 26th 2015 at 11:39 pm.
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Old Nov 27th 2015, 1:21 am
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Default 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.
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Old Nov 27th 2015, 1:51 am
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Default Re: Long Service Leave Entitlement - Employment Law

Originally Posted by Shaun&Dee View Post
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
Make that 78.95%. Standards working week is 38 hours

https://www.fairwork.gov.au/how-we-w...m-weekly-hours
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Old Nov 27th 2015, 8:11 am
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Default Re: Long Service Leave Entitlement - Employment Law

which state?
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Old Nov 27th 2015, 9:50 am
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Default 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.
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Old Nov 28th 2015, 8:59 am
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Default Re: Long Service Leave Entitlement - Employment Law

My wife (Queensland) was paid pro-rata for her permanent part time work after 10 years.
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Old Nov 29th 2015, 10:31 pm
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Default 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.
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Old Nov 30th 2015, 1:03 pm
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Default Re: Long Service Leave Entitlement - Employment Law

Originally Posted by Shaun&Dee View Post
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.
This site explains the qld laws: https://www.business.qld.gov.au/busi...inuous-service

If you can't work out your situation from this guide maybe you could email them ?
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Old Dec 1st 2015, 2:56 am
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Default 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.
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Old Dec 1st 2015, 9:47 pm
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Default 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
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