Long Service Leave Law changes
The Victorian Parliament has recently passed the Long Service Leave Bill (2017). This new legislation will come into force from early November 2018, at the latest, and contains some major changes.
How will this new law impact your enterprise?
This new legislation will implement widespread changes to the laws surrounding long service leave. The major sections of the new legislation that every employer should be aware of are the following:
- No longer will an employee have to prove 10 years of continuous service before they are entitled to take long service leave or have served 7 years of continuous employment before becoming eligible for pro rata long service leave. Under this new legislation, an employee will be able to take long service leave after 7 years of continuous employment with one employer.
- Paid parental leave will now be treated as the same as other forms of paid leave. This means it will count in the employee's ''continuous service'' when calculating eligibility for long service leave.
- Unpaid parental leave, up to 52 weeks, will also be counted towards ''continuous service'' when calculating long service leave, but only when the leave is taken after the new law commences. This figure can be extended if mutually agreed between the employee and employer.
- An employee can request that an employer grant long service leave at half pay for double the time that they have accrued. The employer must grant such a request unless they can demonstrate, on reasonable business grounds, why such a request should be denied.
- This legislation introduces tougher guidelines regarding the documentation of leave entitlements at workplaces. Authorised officers as defined under the legislation will have the power to issue notices to employers to tender certain documentation. The failure to do so may constitute an offence under the Act.
How can Sharrock Pitman Legal help?
With tougher regulations surrounding the enforcement of long service leave as well as employees having more opportunity to take or accrue leave, it is more important than ever that you seek legal advice if you have any concerns about your rights. If you have any new employees or queries about your employees' long service leave entitlements, it is always best to contact us immediately so we can guide you through this new legislation in a timely and efficient manner.
Call Sharrock Pitman Legal today on 1300 205 506 or complete the form below.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
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Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.
