I am trying to find out about entitlements for long service leave in the private sector in queensland

i have already contacted my payroll department, but they arent giving me any answers (how f***ing hard is it to reply to an email?! apparently its too hard)

i dont particularly want to make a big issue of it, nor discuss it openly infront of othe other office staff upstairs (ie by going and talking to payroll, payroll works with all the other office staff in a small area)

bascially, im a few months off 10 years (10 years being mid june)

if i were to leave for a new job, do i get any of my entitlements?

what about if i were to leave after my 10 years?

ive tried googling, and its quite difficult to get a straight answer

ive talked to mates who are in the public sector, but im sure their entitlements work differently

if anyone knows, or knows where i can find out, please hollar back

I work in a trade and with me its portable so if I ever left the company I can take it with me. However if I ever left the industry I would get paid out for how many days/points I got saved up. I had three months saved up and took 1 month last year.

Yes you should be able to take it pro rata after 7 years of points. Even though they only started my "Portable" long service 3 years into my trade I have been there for 15 years so I am entitled to the 3 months for the 15 years of work. BUT if I left I would only get 12 years of the 15 years of long service cuz they f***ed up and started the portable long service after I had been there 3 years.

I hope that helps if you can make sense of it !!!

PDF of the current legislation well it might not be now post IR reforms

Entitlement
(1) This section applies to all employees, other than seasonal employees.
(2) An employee is entitled to long service leave on full pay of
(a) for the first 10 years continuous service8.6667 weeks;
and
(b) if the employee has completed at least a further 5 years continuous serviceanother period that bears to 8.6667 weeks the proportion that the employees further period of continuous service bears to 10 years.
(3) An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employees service.
(4) However, if the employees service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if
(a) the employees service is terminated because of the employees death; or
(b) the employee terminates the service because of
(i) the employees illness or incapacity; or
(ii) a domestic or other pressing necessity; or
(c) the termination is because the employer
(i) dismisses the employee for a reason other than the employees conduct, capacity or performance; or
(ii) unfairly dismisses the employee.
(5) Long service leave is exclusive of a public holiday that falls during the period of the leave.
(6) An employee who is entitled to long service leave elsewhere than under this Act, is entitled to leave that is at least as favourable as the entitlement under this section.
(7) For the purposes of working out when an employee may take long service leave, only two-thirds of the employees continuous service completed before the commencement of this subsection counts as continuous service.
(8) Subsection (7) does not reduce an entitlement to long service leave that an employee has accrued before subsection (7) commences.

You are dead ?
You are being dismissed for a reason other than the employees conduct, capacity or performance ?

If either of the above is yes then sure you get prorata, otherwise I think its all gone.

i am weighing up my options and have an oportunity that mite pass before my 10 years

so if i leave for another job, before that 10 years, i get nothing?

is that the gist?

No, you should get whatever you have earned up pro rata for your time. Its only if you would have left maybe 5 or 6 years into your time you might not get anything.

Have you tried phoning HR?

I am 2 weeks away from my 10 years and I am quitting very shortly after it. Some places can get out of paying you if you have not worked past your 10 years + how many sick days you have taken over that period. Some people will call bulls*** but it depends on the award and some awards are different. This has happened to 3 people I know, and the employer was well within their rights. When I leave I will walk away with 16 weeks + 3 weeks holiday pay, UK here I come. But I do know if you leave before 10 years usually it is tough s***.

Sorry just realised I was kind of wrong. Long Service leave is under the State industrial act not under awards. I just asked our pay person thingy here and she told me. She said that it is a minimum of 13 weeks after 15 years. My work pays more than this because they choose too.

I think in private you get pro-rata paid out, if you've worked 10 years, but you have to have worked 15 before you can take the actual time off.

giririsss I think it can also come to down to your employers discretion. Most bosses are pretty appreciative of people who work that long in jobs these days.

Hm. That's odd. I always thought you were entitled after seven years, not ten. Clearly I'm mistaken.

Have you tried phoning HR?

hehe, our company refuses to have a HR department . .. . .

Spook, they don't have to give you anything. But they might (I doubt it tho).

Snakeman > Read the quote / PDF you have to work 10 years to get it, after 7 years if they retrench you they have to prorate pay it. You leave pre-10 they don't have to do anything.

That's not to say some employers won't ... just that they don't have to.

giririsss > nup its the same as that PDF ... (unless IR changed it and I don't think it did). After 7 if you get retrenched they have to prorata pay it. You leave before 10 you get nada. You can take it after 10 years. If you leave after 10 you get prorata/balance paid out. After 15 you can use it as leave whenever you like (as long as the boss gives you time off). ie. after 10 you get 8.6667 and thats it until 15 when you can use it whenever you like but acrues at the same rate ... as I understand it).

Tho as a general rule if you are leaving after 10 you are better off taking it as leave and not getting paid out, because then you acrew leave and get paid for any public holidays that fall in that range... but its only a marginal benefit.

im extremely frustrated with bitch in payroll

i f***ing cant stand people who dont check/reply to emails in a business environment

I am pretty sure you get nothing unless you hit 10 years.

how dare you leave me spook... what will i do without you...

stay cool baby, just checking my options

Workchoices has no impact on Long Service Leave (except in Victoria). LSL is regulated by the applicable State industrial legislation (in this case the Queensland Industrial Relations Act).

What Obes has outlined is correct, it's spelled out pretty simply (aside from the phasing in provisions) here http://www.wageline.qld.gov.au/leaveentitlements/longservice_leave.html

The other advantage to taking LSL is you will receive Superannuation contributions on these monies, whereas lump sum payments made as a consequence of termination/resignation would generally not attract compulsory super contributions.

Of course some employers are more generous and provide additional leave & access to it after a shorter period.

having sacked a lot of people i can speak from experience that the 10 year barrier is a firm limit. that is why we often agreed in negotiations that if an employee with < 10 years could get their pro-rata LSL they would go quietly.

the other thing is don't underestimate the power of

(ii) a domestic or other pressing necessity

it is very un-PC to challenge someone if they have "family commitments" these days.

I would ask payroll how many weeks until you can take your long service and how many weeks you can have off. Make a big deal of it, so everyone in the office know that when they work there for ten years they stiff you.

Do that every day until I get an answer, I would bring brochures in for holiday destinations, caravans and ask peoples opinions on where to take your long services. If I didn't get an answer in two days I would go to there boss and ask him why his hr department is so incompetent that they cant give a simple answer.

After a week I would goto/ring Hr asking the same question twice a day, after another week every hr I would ring them.

The squeaky wheel gets the grease, what are they going to do sac you for there incompetence.

When I wanted holidays last time I went to the director of the company and told him I had 300 hrs accrued and I want a week off I gave him the dates and he told me to tell the manager about it. I went to the manager and he said I couldn't have holidays as I didn't suit him at the time. I gave him the holiday form I had filled out and where it had managers signature it had been signed by his boss. He got over it.

For that same company I asked for time off so I could move into a new house I had built for me and they wouldn't give me any time off so I don't work there anymore quit and I can go back to that job anytime.

being a c*** about it is not the best way to achieve anything. generally the squeaky wheel gets put on the "s*** list" imo

But sometimes the squeeky wheel gets the grease.

I guess if you are a squeeky wheel it could really go either way.

Spook.

if they retrench you beyond 7 years you get pro rata.

If you resign 1 week before 10 years you are entitled to nothing.

Enjoy the very difficult decision you must be facing, what a f***er.

Surely the 'other opportunity' understands your situation?

quote>im extremely frustrated with bitch in payroll


well ring that bitchs', bitch, spit chips and make that bitch your bitch!!.

Really if someone in HR is just ignoring you or being incompetent then report them and spew, make a complaint, there is zero excuse for tardiness. These are your entitlements remember.

hehe, our company refuses to have a HR department . .. . .

Payroll, HR, it amounts to the same thing in your situation.

ok, thanks folks

i will call her, but i dont doubt if they dont have to pay me, they wont

Matey you love working with us. As if you'd leave.

Also what about the huge amount of shares they gave us?

shouldn't you be using this time for when the kid arrives?

shouldn't you be using this time for when the kid arrives?

haha, that was one of my plans, i have a lot of plans

and redhat, as discussed elsewhere, i have to keep my options open if operator leaves and shaq leaves also

i wont want to stay behind without the pair of them