To outline the entitlements and guidelines of access to Long Service Leave.
If there is any inconsistency between this policy and the Victorian Long Service leave Act 2018 (the Act) then the Act will prevail.
This Policy is relevant to all staff directly employed with Trio Support Services, fulltime, part-time and long term regular casual.
Long Service Leave accrues at the rate of 1 week for every 60 weeks worked and becomes an entitlement on completion of 7 years continuous service. Ordinarily, on achieving a 7 year service milestone an employee will have an entitlement to 6.1 weeks of Long Service Leave. An entitlement is based on average hours worked and average ordinary earnings paid, clarified as below:
There are 3 methods for determining an employee’s average hours worked, of which the most beneficial to the employee will be applied:
1. Average weekly hours worked over the preceding 52 weeks
2.Average weekly hours worked over the preceding 260 weeks
3.Average weekly hours worked over entire period of employment
Note: The above calculation will be applied on each occasion an employee applies for LSL.
There are 3 methods for determining an employee’s average earnings, of which the most beneficial to the employee will be applied as Long Service Leave payment.
Note: Allowances (sleep-over allowance, travel fuel allowance etc) are not included when determining the rate of pay. However, casual employees will still receive the loading of 25% in their calculation.
1.Average weekly earnings over the preceding 52 weeks
2.Average weekly earnings over the preceding 260 weeks
3.Average weekly earnings over entire period of employment
Note: The above calculation will be applied on each occasion an employee applies for LSL.
Payment will be paid fortnightly into the employee’s bank account. In the event an employee wishes to be paid their Long Service Leave as a lump sum payment at the beginning of their leave, they should discuss their request with the Director’s. Only extenuating circumstances will be considered in this instance.
Staff are required to complete and submit a Leave form at least 2 weeks prior to leave commencing. The Director’s may agree to vary this if extenuating circumstances are presented.
In accordance with the LSL Act, Trio Support Services may direct an employee to take Long Service Leave on giving 12 weeks’ notice.
It is deemed that service is broken if an employee has not worked for the Company for a period of 12 weeks or more (authorized leave excepted, see below). In the event a person recommences employment then Long Service Leave will begin again. Previous service is not recognized.
Entitlements do not accrue during periods of authorized unpaid leave of absences of more than 12 weeks duration. However, Service is not broken and accruals will recommence once the employee returns to regular work shifts.
Authorised Leave Types:
– Parental leave – up to 104 weeks continuous leave
– Approved extended personal/sick leave – up to 12 weeks continuous leave
– Approved Workcover medical leave
It is an offence to work while on Long Service Leave. However, where an employee has more than one job, the employee may continue to work at a second job whilst they are on Long Service Leave from Trio Support Services, providing they do not work during the shift hours rostered with Trio Support Services.
Office Staff: Must complete Form HRF041 Application for Leave – Office Staff
Support Staff: Must complete Form HRF028 Application for Leave – Support Workers
The Victorian Long Service Leave Act 2018
National Employment Standards
http://www.business.vic.gov.au/calculatelongserviceleave