Long service leave is something that is different from state to state. If you are living in Victoria, then this post will help you understand what you are entitled to and how to use it to your benefit.
Governed by the Long Service Leave Act 2018 (VIC), long service leave can help you take a much needed and well-deserved break from your 9 to 5.Â
Table of Contents
Who can claim long service leave in Victoria?
Most Victorian employees regardless of employment type can claim long service leave if they have worked for 7 continuous years with the same employer. However, this excludes employees under some Commonwealth enterprise agreements and pre-reform awards, and other Victorian laws.
Similarly, long service leave in Victoria does not apply to employees who have their long service entitlement provided by another act or regulation – such as workers in building and construction.
How do I calculate long service leave in Victoria?
Long service leave in victoria is calculated as the total number of weeks’ employment divided by 60 and multiplied by the ordinary weekly rate of pay at the time the leave is taken, or when the employee ceases employment.
How much long service leave can I get in Victoria?
Long service leave accrues at a rate of one week for every 60 weeks of continuous service – that’s about 0.866 of a week each year.
Get a free legal document when you sign up to Lawpath
Sign up for one of our legal plans or get started for free today.
Can you take leave at half pay?
An employer may agree to an employee taking a period of long service leave at half pay. For example, an employee with 13 weeks’ accrued long service leave could take 26 weeks’ long service leave at half pay.
What happens if employment is terminated?
If employment ends after 7 years’ for any reason, the employee must be paid any unused long service leave entitlement. The amount is to be paid in full on the final day of employment.
Can I take long service leave in advance?
An employer may agree to an employee taking long service leave before the employee becomes entitled to the leave. However, there is no requirement for an employer to agree to this.
Key Takeaways
A long service leave claim can help you recharge and refocus. So, if you have worked for a company or business for over 7 years, you should consider taking a well-deserved break.
If you would like to know more about how long service leave in Victoria affects you, you can hire an experienced Lawpath lawyer to guide you through your application.
