As an employer in Victoria, it’s crucial to understand your legal obligations regarding long service leave (LSL) payouts. Failing to comply with these requirements can lead to penalties and disputes, so ensuring you have the right processes in place is essential for smooth workforce management. Here’s what you need to know about long service leave entitlements and payouts in Victoria under the Long Service Leave Act 2018 (Vic).
Who Is Entitled to Long Service Leave?
Employees become entitled to LSL after seven years of continuous service with the same employer. Unlike other forms of leave, LSL accrues over a long period, making it a significant entitlement for long-term employees. The leave accrues at a rate of 1/60th of continuous service, which equates to 6.0667 weeks for every 10 years worked. Employees who work part-time or have varying hours are still entitled to LSL, with their leave calculated based on their average hours over their period of service.
When Must Employers Pay Out Long Service Leave?
An employer is required to pay out an employee’s accrued long service leave in the following circumstances:
- When an employee resigns after at least seven years of service.
- Upon termination or redundancy after seven years of service.
- If an employee passes away, with the entitlement paid to their estate.
- If a business is sold or transferred and the new employer does not recognise prior service.
How to Calculate Long Service Leave Payouts
When an employee takes or is paid out LSL, it must be calculated based on their ordinary rate of pay, excluding bonuses, allowances, and overtime. If an employee’s hours have varied, employers must use the highest average rate over one of the following periods:
- The last 12 months
- The last 5 years
- The entire period of service
Employers should ensure accurate payroll calculations to avoid disputes or underpayments.
Comparison with Other Australian States
While all Australian states have long service leave provisions, there are some key differences. For example, New South Wales and Queensland also require long service leave after 10 years, but Victoria stands out by allowing pro-rata leave after seven years.
In Western Australia, the entitlement begins at 10 years, but the accrual rate differs slightly. Some states, like South Australia and the ACT, have portable long service leave schemes for specific industries, meaning employees can carry their entitlements between employers. Understanding these differences is crucial for businesses operating across multiple states.
Compliance and Record-Keeping
Employers must maintain detailed records of long service leave accruals, payments, and usage for at least seven years. Non-compliance can lead to penalties from the Wage Inspectorate Victoria, so keeping accurate records is not only a legal requirement but also a safeguard against potential claims.
Final Thoughts
Understanding your obligations regarding long service leave payouts is essential to maintaining compliance and fostering a fair workplace. If you’re unsure about your responsibilities or need guidance on best practices, seeking expert advice can help protect your business from unnecessary risks.
Need tailored HR support? Get in touch to ensure your business stays compliant and your employees receive their rightful entitlements.
Call us on 0408 897 079 or email us at suzanne@performanceadvantage.com.au.
