Long Service Leave Payout

[Thomas]

I resigned from my current job last week. Just going through all the paperwork etc so I can leave nice and tidy in 4 or so weeks time.

Someone mentioned to me that I could be entitled to a payout of my accrued long service leave as I have worked with this company for 7 years (just. had my 7 year anniversary a month ago). I keep finding conflicting information about this on the net. I know you can access it after 10 years and if you get made redundant they pay you out...but what if you resign on good terms?

Am I in for a cash payout or am I going to be a little disappointed?

HR is currently contacting payroll but going on how this business works, I could be waiting a while for an answer.

Thanks

 

[Baron Vo Mandor]

As I understand it after 5 years you are entitled to X amount.

 

[Bulldog Force]

They will by law need to pay you any leave you are owed (except for sick leave). However, as you were not made redundant, you will not be receiving a severance package.

 

[gUt]

My understanding was that after 7 years you are entitled to a pro-rata payout under certain circumstances. Don't know if that means "resigned because I got a better job" counts but it would count for things like leaving for health reasons or having to move cities.

 

[Thomas]

Dang. Yeah, that's how I've been reading it on various sites.

Basically if you resign due to sickness or otherwise you get your LSL paid out.

Otherwise...tough titties.

I do have nearly 3 weeks of annual leave up my sleeve.

 

[zombie jesus]

I was in this position a few months ago, 7 years service, about to resign, I was looking in to LSL and couldn't find a clear answer, asked the company and they told me I would be entitled to pro rata LSL + the usual annual leave, that was good enough for me so didn't look in to it further, this is in NSW though, might be different elsewhere.

As a side note, the company went down the sink before I actually left, still owed $30k. #-o

I would get in touch with Fair Work Australia see what they say.

 

[Mr_Raditch]

A mate of mine recently just got his 10 year long service. The company he worked for merged with another company around 10 months before his 10 years was up. The way the new company was run & his job within the company completely changed & he despised it. He hung around for the last 10 months hating every minute of it just so he could get his 10 year payout. From the research he did (I think) he was not eligible to anything besides his accrued annual leave if he left before his 10 years was up. He got a very nice payout & so did the Taxman.

 

[Danish]

You are entitled to pro rata LSL after 5 years in NSW, that is if you leave or are fired you get paid out except under special circumstances (fired due to criminal behaviour etc).

Not sure about the rest of the nation but that is certainly how it works in NSW as we recently had a staff member leave and had to pay him out.

 

[Thomas]

Yeah, I appears it is this way in NSW and Victoria.

Not sure about Qld. HR still haven't got back to me so I might ring a few places.

 

[Danish]

Since theres no white collar unions you could always just pay a few of your overweight mates to throw on a blue chesty t shirt and some red braces then storm the managers office?

 

[Dave Q]

Some good info here:

http://www.fairwork.gov.au/Pay-leav...public-holidays/Pages/Long-service-leave.aspx

In the event that you are jipped,contact these guys:-
Shanahan Tudhope
Level 9/50 Margaret, Sydney, NSW 2000
Sydney City
p: (02) 92622888

 

[kia ora storm]

Leave entitlements would be documented in the agreement your employer has in place and you should have a copy of this ??.

The company I work for gives LSL at 10 years and you can take it after 7 but if you leave then you have to pay it back.

If you leave before 10 years then you don't get it unless made redundant.

 

[Thomas]

My contract just says LSL is in accordance with the state legislation.

I have a feeling I am going to be disappointed today. Anyway, 3 weeks of annual leave paid out isn't something to snort at.

 

[Danish]

Unless you are ben cousins

 

[Thomas]

Well played!

 

[juanfarkall]

From memory in Qld, you qualify after 5 years but cannot take it until you have served 10. In some workplaces it vanishes like accumulated sick leave if you don't do 10 years whilst in others it would be paid pro rata if you have 5-10 years service.

 

[Thomas]

Cheers. I spent 45 minutes on the phone getting transferred from department to department and still have no answer.

I shall keep trying.

A quick search shows most government agencies pay out after 7. Pity I don't work in the public sector.

 

[Thomas]

Whoa...just realised that the company I work for is based in WA who have LSL entitlements similar to those in NSW and Victoria...meaning I am eligible for pro-rata payment.

My HR department is useless. What do they actually do?

 

[gUt]

My HR department is useless. What do they actually do?

Read The Triumph of the Airheads by Shelley Gare, it spells it out pretty well.

 

[juanfarkall]

Whoa...just realised that the company I work for is based in WA who have LSL entitlements similar to those in NSW and Victoria...meaning I am eligible for pro-rata payment.

My HR department is useless. What do they actually do?

sounds like any other HR department in any other company.