All Victorian employers need to be aware of the significant changes to long service leave (LSL) entitlements to commence by 1 November 2018.
The Long Service Leave Act 2018 (Vic) (Act) will repeal and replace the Long Service Leave Act 1992 (Vic) (1992 Act) and impact on the entitlements of all employees in Victoria. The key changes to long service leave in Victoria are:
Employees are entitled to:
take long service leave after 7 years’ continuous employment, instead of 10 years’ continuous employment; and
take long service leave as one or more periods of leave, including taking single day periods of leave.
include unpaid parental leave of up to 52 weeks in any calculation of continuous employment ;
calculate long service leave entitlements based on the last period of continuous employment for employees with fixed hours. For employees whose hours of work have changed during the last 24 months, calculate long service leave entitlements based on the greater of the average number of weekly hours worked by the employee in the last 12 months, five years or the entire period of employment; and
must not refuse an employee’s request to take long service leave unless it is on reasonable business grounds.
More information regarding the Long Service Leave Act 2018 (Vic) (Act) can be found here.
Employers should reassess their long service leave liabilities and obligations under the Long Service Leave Act 201 (Vic) (Act) and seek legal advice if necessary.