Victoria’s New Long Service Leave Law

Victorian employee entitlements have changed as of 1st of November. The Long Service Leave Act 2018 (Vic) will introduce major changes to long service leave (LSL) arrangements in Victoria. The new legislation will impact the entitlements associated with LSL. These new changes will apply to all full time, part time and casual employees who accrue LSL.

The most noticeable change to the new legislation is that employees can now take LSL after seven years of service. The Long Service Leave Act 1992 provided an employee the option of LSL after ten years of service. The new Act also offers the option to negotiate ones LSL prior to the seven year mark. An employer cannot refuse an employee’s request to take LSL unless there is a significant reason to do so. This can include such things as prior client commitments and the like.

Parental leave, 52 weeks and under will be included in the seven years of accrued employment. Victorian employees can now also take LSL for as short as 1 day. The new Act will provide flexibility for employees.

All Victorian HR will need to review their policies as hefty penalties will apply to breaches. Each breach will carry a different penalty depending on the severity. HR should also ensure their payroll system is up to date with all entitlements entered and calculated correctly. It is said that other states in Australia will soon follow suit.