To account for the value of the entitlement, sometimes a trust fund is established, or the liability may be factored into the sale price of the business. If a business is sold and the purchaser employs an employee of the former owner, the new employer is responsible for their entire period of employment with the business. You can also read our examples of how long service leave is calculated. However, whether a person is truly an independent contractor or employee needs to be assessed on a case by case basis.įor an assessment of whether a person is a genuine independent contractor or an employee you can speak to the Commonwealth Independent Contractors Hotline on 1300 667 850.īusiness owners are usually not employees and are ineligible for LSL provided by the LSL Act 2018. Genuine independent contractors are not employees and are generally ineligible for LSL under the LSL Act 2018.
the employee has been employed on a regular and systematic basis and has a reasonable expectation of being re-engaged.the absence is caused by seasonal factors.the absence is in accordance with the terms of the engagement.the employee and the employer so agree before the start of the absence.Under the LSL Act 2018, this means that there must not be an absence of more than 12 weeks between any two instances of employment, unless:
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The LSL Act 2018 entitles full time, part time, casual, seasonal and fixed term employees to LSL where their employment has been 'continuous'.
What about casual and seasonal employees? You can also visit our page Long service leave: continuous employment for more information and examples about the impact of other types of leave on LSL. Use the long service leave (LSL) calculator LSL is calculated as the total number of weeks' employment divided by 60 and multiplied by the ordinary weekly rate of pay at the time the leave is taken, or when the employee ceases employment. Visit our page on Long service leave: continuous employment for more information. How long do employees have to work to be eligible for LSL?Īn employee will be entitled to take LSL after completing a minimum of 7 years' 'continuous employment' with 'one employer'.įor more information see: LSL Act 2018 Fact Sheet 2 - taking LSL (DOCX 237.67 KB) To determine whether an award or agreement applies instead of the LSL Act 2018, call the Fair Work Ombudsman on 13 13 94. The LSL Act 2018 does not apply to employees who have their long service entitlement provided by another act or regulation – such as workers in building and construction, where it's provided by the CoINVEST scheme.The LSL Act 2018 may not apply to employees who are covered by a federal award or workplace agreement – individual or collective – where that award or agreement contains its own LSL provisions.Employees under certain labour hire arrangements.Categories/types of employment generally include: full time, part time, casual, seasonal and fixed term. Most Victorian employees (excluding employees under some Commonwealth enterprise agreements and pre-reform awards, and other Victorian laws).Please see Comprehensive Guide to the Victorian Long Service Leave Act 2018. Use the long service leave calculator Comprehensive Guide to the Victorian Long Service Leave Act 2018 You'll be prompted to fill in employment dates and any leave already taken, and an answer will be provided in seconds.Īlthough answers provided by the calculator should be accurate, we advise you have LSL entitlements verified by an independent party, such as your payroll office, union or a legal adviser. The Victorian Government's online calculator assists both employees and employers covered by the Long Service Leave Act 2018 (LSL Act 2018) to calculate long service leave (LSL) entitlements. You can also visit our page How long service leave can be taken.
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