![]() If an employee’s working hours have changed during the last 12 months immediately before taking LSL, the employee’s normal weekly number of hours is the greater of: the average weekly hours worked over the past 12 months or 5 years. The employment is taken to be continuous despite an absence from work caused by termination of the employment at the initiative of the employer or the employee (ie resignation), if the employee is re-employed by the employer within 12 weeks after cessation of employment. The employment is to be regarded as being continuous despite being dismissed at the initiative of the employer, but only if the employee is re-employed within a period not exceeding 12 weeks after the dismissal. The definition of ‘assets’ has been amended to include both tangible and intangible assets.Įmployment ending by resignation or termination However, this only applies to tangible assets such as land, plant and equipment. If an employer’s business assets transfer to a new employer, an employee who performs duties in connection with the assets is treated as being employed by ‘one employer’. ![]() If an agreement is reached, the first 13 weeks of LSL must be taken in 2 or 3 separate periods, and any subsequent LSL may be taken in two separate periods.Īn employee is entitled to request LSL for a period of not less than 1 day, where an employer must grant an employee’s request to take LSL as soon as practicable after receiving the request unless there are reasonable business grounds to refuse.Īny period of unpaid parental leave will not count towards calculating an employee’s period of continuous service.Īny period of unpaid parental leave up to 52 weeks will count as service, where any period beyond 52 weeks will not count as service but will not break continuity of employment. LSL must be taken in one period, except where there is an agreement between the employer and employee for separate periods. Victoria 3 time period pro#If an employee’s employment ends after 7 years of continuous service with one employer, the employee is entitled to a pro rata payment of their LSL entitlement.Īn employee is entitled to take LSL after 7 years of continuous service with one employer. We have summarised the significant changes to the LSL entitlements below: IssueĪn employee is entitled to take LSL after 10 years of continuous service with one employer. ![]() No one should be penalised for spending more time at home when their kids are born or for changing their working hours to look after a loved one.” “the new LSL laws are a huge win for women, parents and carers across Victoria. In announcing the Act, the Minister for Industrial Relations, Natalie Hutchins, stated: ![]() The Long Service Leave Act 2018 (Vic) (Act) which received Royal Assent on, will repeal and replace the Long Service Leave Act 1992 (Vic) (1992 Act) and impact on the entitlements of all employees in Victoria, unless they are specifically excluded from the operation of the Act. All Victorian employers need to be aware of the significant changes to long service leave (LSL) entitlements to commence by 1 November 2018. ![]()
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