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EMPLOYEE

INFORMATION FOR CASUALS

Changes for casual employees under the Protecting Worker Entitlements Act 2023.

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Administer long service leave


02.

Leave applications and payments

Leave application process

All interactions about an employee’s long service leave application are conducted through their employer.

To be entitled to take leave, our records must reflect that your eligible employee has completed 8 years of qualifying service. Exceptions apply if they cease to be an eligible employee due to redundancy, ill health or retirement.

For an eligible employee to access their long service leave entitlement, they must submit an application through their current or most recent employer.

  • If they are still working, they must use the In-service Application.

  • If they are ceasing or have already ceased employment, they must use the Cessation Application.

Note: Forms must be submitted by an authorised contact of an employer. Coal LSL cannot accept forms from employees. The authorised contact email address provided on an application must be registered with Coal LSL.

Once the leave has been taken, employers can claim reimbursement from the Coal LSL fund.


In-service Application

After you approve your employee’s In-service Application, you must lodge the form with Coal LSL. Once we've validated that their service history reflects the minimum 8 years’ qualifying service, we'll notify you so you can pay their leave entitlement through your usual payroll processes. Once the leave has been taken, you can then claim reimbursement from the Coal LSL fund.

  • In-service Leave Application

  • How to complete an In-service Leave Application


Cessation Application

Employers are required to make cessation payments within 30 days of receiving an application. Refer to the the Admin Act (Part 5A, Division 3) for employer obligations related to cessation.

After you approve your employee’s Cessation Application, you must lodge the form with Coal LSL. Once we've validated that the details align with the service history we have on record for them, we'll notify you so you can pay their leave entitlement through your usual payroll processes. Once the leave entitlement has been paid to your employee, you can then claim reimbursement from the Coal LSL Fund.

Note: even if an employee has left your employment, if you were their last employer in the industry at the time they wish to claim their entitlement, you would be responsible for facilitating payment of their Cessation Application. The Fund is managed in such a way as to ensure financial provision is available to reimburse employers for eligible employees’ long service leave entitlements, regardless of their work status.

Redundancy

If your employee is being made redundant, they can request their accrued leave if they have met the minimum qualifying service period of 6 years. The Cessation Application is used in these cases. A Redundancy Fact Sheet is available for your employee’s information.

Resignation

If an employee resigns and has not yet accrued eight years’ qualifying service, they will not be able to access their leave entitlement.


Deceased employee

All interactions about accessing the unclaimed leave of a deceased eligible employee are conducted through an employer and the deceased’s legal personal representative.

In accordance with the legislation, only the legal personal representative of a deceased employee may make leave accrual enquiries and lodge a claim through the employee’s last known employer. (Refer Part 5A, Division 3, Section 39CC ofthe Admin Act).

Once an employer receives a written request from the deceased’s legal personal representative, under the legislation the employer must pay any unclaimed accrued leave hours within 30 days.

The Entitlement Application is used to initiate the process with Coal LSL. The form must be completed by an Authorised Officer of the business. A certified copy of the official Death Certificate must be provided with the application. Once we’ve verified any outstanding entitlement, we notify the employer in writing.

After the employer makes payment to the deceased’s legal personal representative, the employer is able to claim reimbursement from the Fund for the amount paid using the Reimbursement Claim form, as they’d do for a standard leave application and payment process.


Amendments

If you agree to change an employee’s existing leave application, there are a couple of pathways for this so reach out to us first.


Claiming reimbursement

Before claiming reimbursement for a long service leave payment made to an employee, you need to have received remittance information from Coal LSL for an approved leave form; this information is required for your corresponding reimbursement application. See leave application information.

The process for claiming reimbursement for long service leave payments is:

  1. Employer pays employee for their long service leave entitlement.

  2. Employer submits a Claim for Reimbursement to Coal LSL.

  3. Coal LSL releases payment from the Fund to reimburse the employer for the employee’s leave entitlement.

After receiving your form, it takes approximately five business days to process and reimburse funds to your nominated account.

The Coal Mining Industry (Long Service Leave) Administration Act 1992 (Section 45) and Employer Reimbursement Rules 2017 detail how Coal LSL reimburses employers for authorised long service leave entitlements that they have paid to their eligible employees. Reimbursements are issued under a pooled arrangement.

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