Long Service Leave Entitlements
Hi All,
I am looking for some guidence regarding Long Service Leave Entitlements.
I was at my place of employment for 7+ years, not including 12 months maternity leave. I have since resigned to be will our daughter and take on the full responsibilty of home duties.
I have contacted my HR manager regarding my entitlement to pro rata long service leave. I have been told that I would only be entitled to pro rata long service leave if any of the following circumstances apply to me, which my HR manager is saying DO NOT.
An employee is entitled to receive proportionate payment of long service leave on termination of employment after completing seven years continuous service with the same employer under the following circumstances:
- the death of the employee;
- the employee terminates their employment because of illness or incapacity or domestic or other pressing necessity;
- the employer dismisses the employee for a reason other than the employee’s conduct, capacity or performance; or
- the employer unfairly dismisses the employee
However I have done some research and it seems that leaving to take on the responsibilty of home duties can fall under 'domestic necessity'.
So my question is who should I contact now about this? Has anyone ever been in this situation? I would really love so advice and guidence.
Thank you!
Long Service Leave Entitlements
I resigned after 7 years and got my LSL. This was in 2006. I've recently been made redundant and didn't get LSL as I'd only been there nearly 6 when taking out mat leave. HR confirmed last month that it was 7 years for Vic and 5 for NSW. Good luck - I suspect your HR person is talking out of their bottom
Long Service Leave Entitlements