QLD Long Service Leave - Notice

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Tony67

Member
19 June 2018
2
0
1
Hello,

I am new here and only just found this forum today.
I am seeking some advice regarding Long Service Leave.

On August 14 this year (in a little less than 2 months) I will have been employed for 10 years as a full time employee with my current employer.

My employer asked me last week what i would like to do about my Long Service Leave and I said i will have a think about it and get back to her as I have just returned from annual leave and had not given my LSL much thought. Strangely she asked me why i needed to think about it.

Today i received a very interesting email from her that states she had spoken to her accountant who advised that because we are a small business that i was required to take the long service once its due, i.e. on the 14 th August.

However, this seems at odds with the Industrial Relations Act which states that the manner in which the LSL is taken should be by agreement between both parties. Where an agreement cannot be reached the employer must provide the employee with 3 months notice and can only enforce the employee to take 4 weeks LSL.

Because i have just returned from holidays a month ago im not ready to take further time off. My employer is adamant that i must take my LSL on 14 th August.

Any clarification on this matter would be greatly appreciated.

Thanks,
Tony
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Your reading of the Industrial Relations Act QLD appears correct.

May be best to explain this to the employer and at the same time ask her what Act the accountant is referring to and if the accountant has any legal training. Find out why she is concerned, maybe she is frightened of not obeying the law and doesn't want to penalised for a breach. Keep your discussions low key and non-confrontational and attempt to discover her reasons for wanting to make the LSL decision.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com

Tony67

Member
19 June 2018
2
0
1
Thanks for you replies Rod and Rob. I appreciate your advice.
I fully intend to talk with my employer about this but just wanted another opinion first.
Cheers