As of Thursday 1st November, the Long Service Leave Act 1992 (Vic) will be repealed and replaced by the Long Service Leave Act 2018 (Vic)
These changes include:
- Greater flexibility for women, families and people transitioning to retirement
- Access to long service leave after seven years, not ten
- Allowing employees to take long service leave in smaller increments (i.e. for any period of one day or more)
- Most absences from work do not break continuous employment
- Unpaid leave, including parental leave, counts towards long service leave
- Increased penalties for employers who do not keep records or do not produce them when requested.
Are casual, seasonal, and fixed term employees covered by the Act?
Yes. However a casual or seasonal employee’s employment must be ‘continuous’ which means
- there must not be an absence of more than 12 weeks between any two instances of employment, unless the employee and the employer so agree before the start of the absence, or
- the absence is in accordance with the terms of the engagement, or
- the absence is caused by seasonal factors, or
- the employee has been employed on a regular and systematic basis and has a reasonable expectation of being re-engaged.
Under the new Act, a casual or seasonal employee is also entitled to take up to 104 weeks paid or unpaid parental leave before their continuous employment may be deemed interrupted.
Can an employer direct an employee to take long service leave?
Yes. An employer may direct an employee to take leave by giving at least 12 weeks written notice. If an employee wishes to appeal, they can do so in the Magistrates Court.
Can Long Service Leave be Cashed out?
No. The only time it is paid out is at the end of employment, if accrued and not yet taken.
It is important to note that if an employer does not pay Long Service Leave in accordance to the Act, they are in breach and may face penalties. HR Central recommends updating policies, records and informing payroll of these changes.
If you require any help or assistance regarding this Act, Long Service Leave in general, or on any other HR matter, please do not hesitate to contact HR Central on 1300717 721
Further information can be found at: