Long Service Leave Entitlements
On 31 May 2005 the Long Service
Leave (Amendment) Act 2005 was assented to by the Victorian parliament. The significant
changes are that from 1 January 2006:
an employee’s employment stops after 7 years of ‘continuous employment’ with the
‘one employer’ that employee is entitled to an amount of long service leave equivalent
to 1/60 of the employee’s ‘continuous employment’.
definition of ‘continuous employment’ has been changed to specifically provide that:
from work for adoption, maternity or paternity leave for a period of less than 12
months (or any longer period specified in a relevant employment agreement) will
not affect the continuity of employment for long service leave entitlement purposes.
An employee, however, will not be able to include such leave in his or her period
will be ‘continuous’ even where:
as long as:
- an employee does not work full time, or
- has engaged in alternative employment
in the relevant period,
- there are no absences in excess of three months in duration, or
- the length of
an absence in excess of three months is due to the terms of engagement of the employee,
- where the absence
is a result of the seasonal nature of the employment.
new section 71A has been added which provides that an employee may request his or
her employer to grant the employee an amount of long service leave twice as long
as his or her entitlement at half the employee’s ‘ordinary pay’. An employer must
grant such a request if it is reasonable to do so having regard to the needs of
the employee and the needs of the employer’s business.
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