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 Coronavirus - Employment Q&As (part 1) The REEF Helpline has been inundated with calls regarding the Coronavirus and its impact on employment. To address some of your questions, please take the time to read the following essential information. Coronavirus - Employment Q&As (part 2) The REEF Helpline has been inundated with calls regarding the Coronavirus and its impact on employment. To address some of your questions, please take the time to read the following essential information. 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. 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. Changes to Victorian long service leave 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. 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. Comments are closed.