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EMPLOYEE

INFORMATION FOR CASUALS

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

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Australian Government logo for the Coal Mining Industry (Long Service Leave Funding) Corporation featuring the Commonwealth Coat of Arms
Coal LSL brand artwork

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18th February 2020

Topics of interest to employees

Each month we receive around 2,500 phone calls, 500 email enquiries and 500 online enquiries from our clients. Here are some of the more recent employee queries to assist with your important role of administering their long service leave. 1. How many hours are deducted per day of leave? Deduction of long service leave hours should match what an employee would have ordinarily worked each day had they been at work. An employee’s ordinary hours of work are those specified in the industrial instrument that covers the employee. In the absence of such instrument, they are the hours agreed between the employee and employer as being the ordinary hours of work, regardless of the number of hours actually worked by the employee. More information is provided in the Guidance Note on Accruing and Debiting Long Service Leave Leave and in Part 5A, section 39AD of the Admin Act. 2. How is leave deducted when working an even time roster? Deduction of long service leave hours should match what an employee would have ordinarily worked each day had they been at work, regardless of roster arrangements. More information is provided in the Guidance Note on Accruing and Debiting Long Service Leave. (An even time roster is an equal amount of time spent at work as time spent off.) 3. Can I take long service leave for mental health reasons? There are two types of long service leave application: an In-service Application for those in current employment and a Cessation Application for those ceasing employment. An In-service Application doesn’t require a reason or code for the leave being taken. If an employee is ceasing work with an employer, on the Cessation Application the cessation Code 02 (Ill Health/Incapacity) would be required to claim accrued leave on grounds of mental health. 4. Can long service leave be paid on a weekly basis? Long service leave is typically paid at the same frequency through a company’s usual payroll process, just as if the employee was at work. An employer may of course make an alternative mutually agreeable payment arrangement with an employee if they so wish. 5. Is it possible to roll over my long service leave accrued in a different industry fund? No; this long service leave benefit is unique to the Australian black coal mining industry and is regulated by its own legislation i.e. the Coal Mining Industry (Long Service Leave) Administration Act 1992. It is not possible to roll long service leave accrued in another industry fund into this one. Please see our FAQs for other questions you or your employees may have and you’re always welcome to contact us with any enquiries, too.

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