Tasmania LSL amendment — aligning with other jurisdictions

Analysis

Tasmania LSL amendment — aligning with other jurisdictions

The Tas parliament recently amended the Tas Long Service Leave Act 1976, with respect to when leave may be taken, to allow fully accrued leave to be taken after 10 years of continuous employment. The amendment will become effective from 1 July 2012.

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The Tas parliament recently amended the Tas Long Service Leave Act 1976, with respect to when leave may be taken, to allow fully accrued leave to be taken after 10 years of continuous employment. The amendment will become effective from 1 July 2012.

The amendment does not apply to mining employees. Long service leave entitlements for mining employees are set out in s8A of the Act.

The amended legislation will bring the Tas provisions in broad alignment with long service leave legislation in other Australian jurisdictions, although there are still some points of difference between jurisdictions.

Taking long service leave
 
The new long service leave entitlements will be:
  • 8.66 weeks long service leave in respect of the first 10 years of continuous employment with the employer
  • 4.33 weeks long service leave in respect of each additional 5 years of continuous employment.
Current long service leave entitlements under this Act are:
  • 13 weeks’ long service leave in respect of the first 15 years of continuous employment with the employer
  • 8.66 weeks’ long service leave in respect of each additional 10 years of continuous employment.
The amendment does not affect the rate at which long service leave is accrued — which works out at 0.8667 weeks per year of service.

Transitional arrangements
 
The amendment includes transitional arrangements to provide some staggering of the taking of long service leave. Under these arrangements:
  • workers who have completed 12 or more years of continuous employment as at 1 July 2012 will immediately be able to take their long service leave entitlement if they wish, subject to the needs of the employer’s establishment.
  • workers who, as at 1 July 2012, have completed 9 or more years but less than 12 years of continuous employment with the employer will have to wait until 1 July 2013 before they can take their leave (subject to the needs of the employer’s establishment).
This does not prevent a worker with 10 or more years of continuous employment (or their personal representatives) from receiving their long service leave entitlements in the event that the worker leaves their employment or dies during the period of 1 July 2012 to 1 July 2013.

Pro rata long service leave on termination
 
The provisions under the Act that relate to the definition of continuous employment with the employer and the circumstances in which an employee is entitled to payment of pro rata long service leave on termination of employment remain unchanged.

An employee who has completed at least 7 years of continuous employment is entitled to a pro rata payment if employment is terminated by the employer for any reason other than serious and wilful misconduct, or if the employee terminates their employment because illness, incapacity or domestic or other pressing necessity. An employee is also entitled to pro rata payment if the employee attains the age for retirement, or on the death of the employee.

Long service leave in other jurisdictions
 
See Employment Topics A–Z (click L) where each jurisdiction’s long service leave provisions are considered.
 
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