LSL pro-rata on resignation

**Teeki** · April 13th, 2014, 11:10 PM

I'm wondering if someone can help me out, another thread has me wondering.

I'm due back at work in July, and DH and I have been wondering how worth it it really is. We definitely need the money, but the job itself is very stressful and not great for our family life. So as a minimum I'd like to go back three days a week, and take it as a see how we go thing. If it doesn't work out I'll look for a job elsewhere. And we were thinking that'd be pretty good, because I've worked there for 8 years, so I'd get my long service leave pro-rata paid out.

But, because I want to go back part time, do I get paid at the part time rate even though I've been full time for 8 years? Safework SA just says this:

Between 7 & 10 years service1.3 weeks leave for each completed year except when service is terminated

a) on the grounds of serious & wilful misconduct, or(b) unlawfully by the worker.

Is that a standard 40 hour week and they use my hourly pay rate to work it out? This is what DH thinks. Or is it one of my three day weeks?

If I'll only get paid the part time rate, I'll seriously consider job hunting a little more now and potentially giving notice before returning to work. But then, does this have issues too? Am I allowed to resign while on leave, and would that affect any entitlements?

**sahbear** · April 14th, 2014, 07:08 AM

Hi lovely, this explains it really well - and faster than me typing it out for you.
(I hope it's ok to post this link, if it's removed before you see it, I will PM you.)

http://www.workplaceinfo.com.au/reso...outh-australia

One of the other HR girls might be able you help a bit more, as I said in the other thread my brain is fuzzy being on mat leave and I can't think if there have been in updates to the legislation.

**Teeki** · April 14th, 2014, 07:34 AM

That's fantastic, thanks heaps Sahbear

Looks like if I switch to part time the pay for a week would be averaged out over the last three years. Also answered another question about the continuous service and what counts, the 36 weeks unpaid parental leave I've taken don't count.

All makes sense now!

**Olive** · April 14th, 2014, 07:49 AM

It's paid out at current situation, so I'd go back full time, get LSL paid out then resign, don't go back part time then do it.

**Teeki** · April 14th, 2014, 09:45 AM

The site says if your situation changes - from part time to full time or vice versa - it's averaged over the last three years. So if I went back part time for a month or so it wouldn't make a big difference, I'd be okay with that (this is for SA, might be different in other states).

It doesn't say about resigning when on leave though. Right now I'm on unpaid parental leave, due to return on July 21. So I don't know what would happen if I called my boss and said actually, make July 18 my last day. They're a great employer, quite generous with their entitlements and my boss is the best I've had in my 8 years there, but I'm not sure if I want to call him and say hey I'm thinking of not coming back, can you work out for me what would happen.

**sahbear** · April 14th, 2014, 10:08 AM

Teeki, it might worth double checking the part time/full time part just to be sure - it could be a lot to lose if it's changed. A quick call to FWA could be worthwhile.

**Jaycee** · April 14th, 2014, 10:14 AM

I'm not sure on your original question, but just wanted to add that your maternity leave does not count as part of your eight years, but does count as continuous service.

I've been in my current job for 8 years and 6 months and have only just last week been eligible for LSL pro-rata should I leave, due to the maternity leave I've taken. Hope that makes sense!

**Teeki** · April 14th, 2014, 10:24 AM

That's one thing I checked before going on leave this time, in their policy they say that paid maternity leave is considered in the continuous service, but unpaid leave isn't. So in that regard I'm still over my 7 years.

To be honest I'm not sure if it all would be worth it in the end. I may just have to see what the boss has to offer, if the part time roll has a bit less pressure and more flexibility then in reality I probably won't actually find anything better.

**Floweryfields** · April 14th, 2014, 12:10 PM

I didn't think you could have LSL paid out pro rata if you chose to leave your position voluntarily - unless of course you've reached your 10 years. I know pro rata applies after 8, but unless you're made redundant or have an illness or something, I thought you couldn't get it. Is having a baby considered a change in life status though? (Sorry I didn't read the link so if that is in there I apologise).

**Teeki** · April 14th, 2014, 12:22 PM

That's ok ausgirl, that's one thing that differs state to state. In SA you can get it as per the little bit I quoted in my earlier reply, so if you leave after 7 years you get 1.3 weeks per year of continuous service, unless you unlawfully resign or are fired due to serious misconduct.

**OceanPrincess** · April 14th, 2014, 02:08 PM

... They're a great employer, quite generous with their entitlements and my boss is the best I've had in my 8 years there, but I'm not sure if I want to call him and say hey I'm thinking of not coming back, can you work out for me what would happen.

Hey hey, guess what, same boat over here except I took the 12 month extension

So, my approach is going to be the above - call and say I'm thinking about not coming back. Teeki knowing our employer, if you say to boss person "confidentially, this is what I'm thinking" he should be able to provide you some info. That's his job and honestly he probably won't be surprised by it - I think it's pretty common. When I asked for the extension my LM was like "sure no worries I'll get onto it" - totally unsurprised. And I think if I can resign (still making the decision) then he won't be surprised by that either.

**Teeki** · April 14th, 2014, 02:13 PM

Haha OP if you'd gone back I could get you to find the policy for me!

My boss is great. He knows that I'm struggling with what to do and has been very understanding in all of our conversations while i've been gone. He's even looking for other positions that would suit me better, but considering what I do and where I am that seems unlikely. He's working hard to make the job suit me, rather than just saying no, you have to come back to the role as it was, full time.

You're probably right that I should discuss it with him though. At least then if it turns out that I do leave he won't be surprised and we'll both be prepared for all options.