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Long service leave


HoneyBear

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I am in Victoria.


I have worked continuously at the same place since Sept 2011, became permanent after about 14 months. My hours have been between 50 to 66 per fortnight over this time as my kids got older.


Question is, is long service leave accrued on hours worked? As in because I was part time I would have less long service leaving now than someone who worked full time?


We don’t have any type of agreement and I don’t even have a contract.

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Seayork2002

I am in Victoria.


I have worked continuously at the same place since Sept 2011, became permanent after about 14 months. My hours have been between 50 to 66 per fortnight over this time as my kids got older.


Question is, is long service leave accrued on hours worked? As in because I was part time I would have less long service leaving now than someone who worked full time?


We don’t have any type of agreement and I don’t even have a contract.

 

I would guess the LLS would come into effect January 2023 so 10 years from the permanent time? and I presume you would still get it the same pro rata as FT? so if you work 30 hours you would get it the same?

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LSL accrues from the day you start, whether casual or permanent.


My pay slip says how many days I have owing of LSL, and I have used some of it, but I get paid more when on LSL than if I work.


It's been explained to me how they work it out, but I can't get my head around it, something about averaging how many hours you work over a certain period. Because my roster has changed a lot over 13 years and I have done anywhere from 10 to 30 hours per week, I find it pretty confusing.


I'm in Vic.

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Question is, is long service leave accrued on hours worked? As in because I was part time I would have less long service leaving now than someone who worked full time?

 

I work 5-ish hour shifts, so get paid less on LSL than a full-timer who does 9-hour shifts, but we all get the 13 weeks after 10 years. (I think it's 13 weeks)

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I am in Victoria.


I have worked continuously at the same place since Sept 2011, became permanent after about 14 months. My hours have been between 50 to 66 per fortnight over this time as my kids got older.


Question is, is long service leave accrued on hours worked? As in because I was part time I would have less long service leaving now than someone who worked full time?


We don’t have any type of agreement and I don’t even have a contract.

 

I would guess the LLS would come into effect January 2023 so 10 years from the permanent time? and I presume you would still get it the same pro rata as FT? so if you work 30 hours you would get it the same?

 

You can take Long Service leave now after seven years.

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Where I used to work, it was based on your roster at the time you took your LSL.


So you could be part time and working say, 10 hrs per week and then after 9.5 years change to full time and take your leave at 10 years at full time rates.


Many people were not aware of this.

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LemonMyrtle

My LSL is accrued pro-rata. I accrued most of it while working full time, and now I’m part time, so I could take 6 months of holidays if I wanted to. Of course, now it’s accruing much more slowly so it will all even out if I go full time again.


I think it depends on your contract or award. I’ve heard of people getting 10 “weeks” leave, as in calendar weeks, for example, not accrued hours. So women have gone from full time, had a baby, then gone part time, and only got part time pay for 10 weeks instead of my situation which is stretching my full-time accrued leave to 20 weeks. Hope that makes sense.

Basically, they had to take up another full time position to get the full financial benefit of the long service leave, or accept their usual part time pay for 10 weeks. No idea of the legalities of that, but that’s what happened to friends of a friend of mine.

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LemonMyrtle

Where I used to work, it was based on your roster at the time you took your LSL.


So you could be part time and working say, 10 hrs per week and then after 9.5 years change to full time and take your leave at 10 years at full time rates.


Many people were not aware of this.

 

This is what I was trying to explain, poorly. Lol.

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Jersey Caramel

I think it must depend on your contract/award. My LSL accrues pro-rata (i.e. based on number of hours worked per week) and then is spent like annual leave... so if working full time you would spend 37.5 hours of LSL for a week off. But you can also take it at half rate to extend the amount of time you get off.


We can't take LSL until 10 years of service, but if you leave after 7 years it does get paid out.

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We prorata LSL accruals.


So people who are working part time accrue less hours than those who are working full time.


It becomes an issue of your hours increase during the 10 years. I went from 2 to 3 to 4 then 5 days per week in my first 10 years and have accrued less hours than someone else who started at the same time as me but was full time all the way through.

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Phillipa Crawford

In Victoria legislation was brought in a couple of years ago to allow LSL to be taken from seven years.

I believe the amount is worked out on an average of the previous 5 years employment hours- at least for my workplace which is early childhood. It isn't an accrual for me.

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SillySausage

Where I used to work, it was based on your roster at the time you took your LSL.


So you could be part time and working say, 10 hrs per week and then after 9.5 years change to full time and take your leave at 10 years at full time rates.


Many people were not aware of this.

 

This is what I was trying to explain, poorly. Lol.

 

This is true at my work too, under an EBA at a public hospital. You take LSL at the hours you are contracted to at the time. A colleague of mine was very unhappy about this as she was full time for 8-9 years, went on mat leave and returned part time, and her LSL was only paid at the part time rate, not pro-rata for the whole 10 years.

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Not Escapin Xmas

It depends. However, it should be noted on your payslips. If you’re not getting those, ask. And if they are not forthcoming, I’d be checking whether or not your super has ever been paid.

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tinselfoil hat

You should phone fair work ombudsman who can check for you. Most people in Victoria who don’t have an EBA are covered by the Vic LSL act which seems to be what’s spoken about above and is viewable online. But it’s depends on your premodern award which would have covered you if you were working in your current job prior to 2010 or 2006 (depending on a few factors). If you would have been covered by a PMA which has LSL specified in it, those entitlements will cover you. Give FWO a call and they can tell you.

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In the APS it's occurred at either part time or full time hours so if you change hours it can be hard to work out if say you are full time taking LSL at part time hours.


But it you have always been full time it's great it's paid at your current salary when you may have earned it at a much lower salary. Just about to get 10 months paid out to me earned over 36 years.

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