NEW VICTORIAN LONG SERVICE LEAVE LAWS

The Long Service Leave Act 2018 (Vic) commenced on 1 November 2018. The new Act implements the following changes:

  • There will be flexibility for employees to take long service leave in any number of periods with the agreement of the employer, including single days of leave.
  • An employee will be able to take long service leave after seven years of service (currently pro rata long service leave is payable on termination of employment after seven years of service but leave can only be taken after 10 years of service).
  • New averaging arrangements will apply when calculating entitlements for employees who have worked different ordinary hours during their employment with a company.
  • Paid parental leave and up to 12 months of unpaid parental leave will count as service.
  • Where employment ends and the employee is re-employed within 12 weeks, continuous employment will not be broken.
  • New continuity of employment arrangements will apply for casual and seasonal workers.
  • New transfer of business arrangements will apply. These provisions broaden the circumstances where the new employer needs to recognise transferring employees’ service with the old employer.
  • Penalties for breaches of the long service leave legislation will be increased.
  • Departmental staff will have new inspection and enforcement powers.

If you would like more information about long service leave please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like advice about the changes to long service leave in Victoria please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Adelaide, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.

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