19 March Can an employee cash out their long service leave? March 19, 2018 By Reef Admin Leave provisions 0 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. Long service leave is one of the few workplace entitlements that is still regulated under state or territory laws. While the Federal Government has expressed an intention to set a national long service leave framework, it has not yet done so. Therefore, different rules apply in different states and territories. Cashing out long service leave, rather than taking it as time off from work, is not a standard provision – so, to be permitted, it must be authorised under the relevant state or territory long service leave legislation. New South Wales, Victoria and the Australian Capital Territory prohibit the cashing out of long service leave under any circumstances (other than, of course, upon the termination of employment). Exceptions exist in South Australia (where it can occur, subject to certain requirements), Queensland (where it can also occur, subject to certain requirements), Western Australia and Tasmania. If an employee asks to cash out a portion of their long service leave, call REEF 1300 616 170 to discuss if the exceptions are relevant. Long service leave fact sheets REEF has recently produced a series of long service leave fact sheets, customised for each jurisdiction. You can download a copy of the fact sheet for your state or territory by logging into the People Management System. Related 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. Real Estate Industry Award: Out with the old, in with the new After a long battle, the Fair Work Commission has now finalised the four-year award review and the new Real Estate Industry Award will commence on 2 April 2018. Here's what you need to know before the changes kick in. Buying an agency? You need to understand employee entitlements The sale of a real estate agency is something most business owners will face at some point. Here are some things to be aware of when it comes to employee entitlements. Doctor, give me the news: Employee entitlement to personal/carer's leave It’s not uncommon for an employee to ask for a few hours off to visit their GP or attend a specialist medical appointment. They’re not sick, but there’s something they need attended to. Are they entitled to personal/carer’s leave? How cashing out annual leave can impact super contributions Do you need to include the cashed out portion of annual leave in an employee's ordinary time earnings for the purpose of calculating superannuation guarantee contributions? Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Comments are closed.