15 August Changes to Victorian long service leave August 15, 2018 By Reef Admin Leave provisions 0 Victorian real estate employers should be aware of the new Long Service Leave Act 2018 (Vic). The Act was passed in May and (unless proclaimed to start earlier) will commence operation on 1 November 2018. The main changes are: Employees can take accrued (pro rata) long service leave after seven years All paid parental leave will count as service, and unpaid parental leave up to 12 months will count as service Parental leave longer than 12 months will not break continuity of service Casuals may have continuity of service recognised for the purposes of long service leave: if they take paid or unpaid parental leave; if the employer agrees in advance to the break between engagements; if the employee had a reasonable expectation of re-employment; or if the break is due to seasonal factors An employee will be able to take long service leave in periods as short as one day, unless the employer refuses on reasonable business grounds There is now a broader definition being used in relation to transfer of business, which is likely to lead to more transferee employers being liable for long service leave entitlements Where an employee’s hours of work have changed over a period of time, there is a more generous method of calculating the average Penalties for employers have been transferred to the criminal jurisdiction and the amounts of penalties increased. Related Can an employee cash out their long service leave? It's a common question. REEF often receives calls asking about an employee's ability to cash out an amount of accrued long service leave. But can they? Senior Workplace Relations Advisor Laura Clark explains. Changes to annual leave provisions now in play In an important decision by the Fair Work Commission, annual leave provisions in modern awards have been varied to provide greater administrative flexibility. The changes apply from the first pay period on or after 29 July 2016. A pressing necessity: Payment of pro rata long service leave In some States and Territories, long service leave legislation provides for a pro rata long service leave payment in certain circumstances upon termination of the employee’s employment. Managing employee leave applications Do employers have a legal right to require employees to complete a leave application form each time they seek leave? Medical certificates and personal leave policies Can a personal leave policy insist that employees provide a medical certificate as proof of illness or injury? And if it does, is the policy compliant with the Fair Work Act 2009 and modern awards? Parental leave: What to consider when replacing someone It’s an issue all too well known to real estate employers. You have a pregnant employee who is about to head off on unpaid parental leave. Your anxiety levels start to rise. How are you going to maintain your agency’s level of service while they’re gone? Comments are closed.