Pro-rata Long Service Leave - Qld

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JeanetteMaree

Member
28 September 2022
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I’ve been working 8.5 years continuously for the one employer in the aged care sector, firstly on a casual part time basis and then permanent part time. I am 68 years old and receive a part pension. I’ve requested through my Dr that I be excused from strenuous manual handling services which may cause undue stress on my body. My employer has issued a Show Cause letter why my employment shouldn’t be terminated.

My question relates to my long service leave entitlement (specifically the tax implications).

Would it be in my interests to (a) request long service leave prior to being officially terminated (and thus being taxed at normal rate - however this may not be approved by my employer); (b) resign on grounds of diminished capacity before being terminated (and taxed at 32%); or wait and see what my employer deems fair and reasonable in paying out a pro-rata amount.

I only have till Friday 30/9/22 to action.

Greatly appreciate a response from anyone who’s been in a similar predicament.