Vic: long service leave changes

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Vic: long service leave changes

Victorian long service leave is to change from 1 January 2006. The new Act makes long service leave available after 10 years service compared to the current requirement of 15 years service as well as introducing a number of other changes.

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Victorian long service leave is to change from 1 January 2006. The new Act makes long service leave available after 10 years service compared to the current requirement of 15 years service as well as introducing a number of other changes.

The actual period of leave entitlement will remain proportionately the same - ie eight and two-third weeks' leave after 10 years' service.

Other changes

Note some other important changes:

  • pro rata long service leave to be paid out on termination after seven years service;
  • employees dismissed on the grounds of alleged serious and wilful misconduct do not forfeit their entitlement;
  • casuals and seasonal workers are entitled where there has not been a break of more than three months in their employment unless the break in service was caused by the absence of the employee under the terms of their engagement;
  • paid parental leave counted as service towards long service leave;
  • an employee's hours be averaged over the previous 12 months, or five years, whichever rate is the greater in a situation where an employee's hours of work vary, or no set hours are established;
  • public holidays within a period of long service leave are not counted as part of the long service leave.

Important notes

There is a noteworthy addition: employers must not unreasonably refuse an employee's request to take twice their period of accumulated leave at half their rate of pay.

These changes to the Act would not apply in situations where long service leave is contained in a federal award, certified agreement or AWA.

See Summary of Reforms for more details.

Related

Current Vic provisions

 

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