Our contact centre team handled more than 10,000 web and phone enquiries since our last update. Understanding some of the most common enquiries from eligible employees may assist you in administering their long service leave.
Typically, the most common enquiries are:
Here are the top five pick of the enquiries we assisted with recently.
1. Can an employer decline my long service leave application? How many times can they decline before they approve it?
An employer may refuse to grant long service leave only on reasonable business grounds.
2. I’ve left/am leaving the black coal mining industry and don’t intend to return; can I cash out my long service leave?
There is no provision in the legislation for ‘cashing out’ long service leave. Eligible employees can apply to take a period of leave through their current employer by completing an In-service Application. If ceasing employment, eligible employees that have satisfied entitlement requirements can apply for their accrued leave by submitting a Cessation Application to their employer.
3. When does the single 14 day continuous period of LSL start? Is it my first working day off or can it be a rostered day off?
This would be by agreement with your employer and could be subject to any individual employment agreement.
4. Are apprentices eligible to accrue LSL?
Eligibility for long service leave is determined by an employee’s duties, regardless of their title or employment classification. For example, if an apprentice is connected with the day to day operation of a black coal mine, which includes but is not limited to the extraction, cleaning and transportation of black coal, then they are eligible to accrue leave under the black coal mining industry long service leave fund.
5. Does leave accrue at 13 weeks for every 8 years of service?
Leave accrues at 13 weeks for 8 years of full-time qualifying service. If an employee works part-time or casual, their accrual is calculated on a pro-rata basis based on the hours worked.
Our periodic updates provide useful information for employers administering the long service leave legislation for their eligible employees.