If you take LSL while employed, you’re entitled to be paid at your base rate of pay (including incentive-based payments) that would have been payable during your LSL.
If you’re paid your accrued LSL, you’re entitled to be paid as if you had taken the LSL immediately before you stopped being employed.
Your employment contract or enterprise agreement may also outline how you’re paid LSL as long as that entitlement is at least as favourable as the Act.
How are your qualifying service and LSL credits recorded?
This information is recorded by the LSL Corporation. You can check these details.
If you think they’re wrong or incomplete you must provide evidence of this to the LSL Corporation.
Fair Work Australia has power to deal with some disputes between you and your employer about LSL.
For service between 1 January 2000 and 31 December 2011 the LSL Corporation must go through a process of calculating your balance of qualifying service (if any) and your accrued LSL credits taking into account any LSL that you’ve already been paid for.
If you had continuous service as an eligible employee before 1 January 2000 and before 1 January 2010 you were covered by a black coal mining industry award the LSL Corporation will calculate the amount of continuous service and LSL credits (if any) that you can still have counted.