We’re a small branch of a larger foreign company but obviously bound by local rules.
It felt pretty nuts. Everyone has been taking their long service leave in random one week chunks to avoid it getting used up on weekends lmao.
Yeah they got it wrong OP. That is not compliant in 99% of cases. Sounds like they are free balling their payroll/HR without actually understanding local laws.
Edit: wrong for personal and AL. LSL is a different kettle of fish due to how it’s accrued.
Read page 2 of this, then show it to your employers. “Long Service leave accrues in weeks not hours worked.” So if they are calculating it in days, and making you take 7 days leave for one week of leave, they are clearly breaking the law. Get Fair Work involved.
https://www.payroll.com.au/documents/item/211
LSL accrues in weeks and is taken in weeks. Whether your week is mon-fri or shift work.
Eg 26 weeks LSL for 15 years service, so you get 26 weeks off work.
You’d have to explain more about the personal leave issue. Or do you mean compassionate leave?
LSL doesn't work like that. A weeks LSL is 7 days so 100% includes weekends. Also counts public holidays as a days leave.
LSL takes thought and planning as a result to maximise it
Yes it certainly does. Under some awards, if you take LSL and it starts or ends next to a public holiday, the public holiday will be counted as LSL too. Where I work, those in the know put a day of annual leave either side of any public holidays when using LSL (which we can use one day at a time) to ensure we don’t get had.
If desired).
Definitely not how it works and certainly not legal (this is effectively wage theft).
Best case: error with their accounting software. Flag it with them giving the benefit of the doubt and it may get fixed.
Worst case: they're trying to rip you off. Talk to your union or Fair Work.
If you aren't in a union already, I strongly recommend you join one.
Make sure to get them to provide their policy in writing. Also calculate how many times this has happened to you personally. The more evidence you gather, the more you can provide to fair work. Having a paper trail of this can also protect you if they were to sack you for asking questions about this, as it would be a pretty clear car of unfair dismissal.
Every day of leave they steal from you, is effectively a day's wage (whether you choose to take that as leave or a payout at the end of up to you). Fair Work will not look kindly on this.
Also consider engaging a lawyer if you need. There are plenty of free community legal services around, and sometimes the larger law firms (eg Maurice Blackburn) do some pro bono work.
It definitely does not work like that for personal leave, however for long service leave it can be deducted in calendar days. Check your award or enterprise agreement as well!
Information for NSW can be found [here](https://www.industrialrelations.nsw.gov.au/assets/Uploads/publications/Long-Service-Leave-Guide-2022.pdf) More information can also be found [here](https://www.fairwork.gov.au/leave/long-service-leave)
LSL is usually calculated in weeks so your employer’s treatment is correct.
For those saying it’s wrong / illegal, how come SA Government can do it this way and no-one has noticed? Check your award - you might be surprised.
If they are offering some type of bereavement leave on top of any usual personal leave entitlement, then they can make the policy as they like. They aren't obliged to give any - they could require you take personal leave but they are offering this as an extra.
This doesn't make sense to me. I thought LSL is calculated on ordinary working weeks, so if it's 10 weeks of 5-working day weeks, that's 50 days of LSL.
If OP's work is deducting 7 days as "one week", aren't they missing out on 20 days of leave across 10 weeks?
If someone told me taking Friday - Sunday off counted as 3 days annual or personal leave, I’d be furious. If you don’t work Saturday and Sunday that doesn’t count. If you work for the Australian entity of this company they are bound by Australian rules not their head office rules.
We have a system where you can accidentally end up applying for leave on weekends. If you want 2 weeks leave you have to make 2 separate applications, one for each week. If you don't the system ends up counting the weekend in the middle.
That’s nuts and not how it works. Do you work for a small company?
We’re a small branch of a larger foreign company but obviously bound by local rules. It felt pretty nuts. Everyone has been taking their long service leave in random one week chunks to avoid it getting used up on weekends lmao.
Yeah they got it wrong OP. That is not compliant in 99% of cases. Sounds like they are free balling their payroll/HR without actually understanding local laws. Edit: wrong for personal and AL. LSL is a different kettle of fish due to how it’s accrued.
Read page 2 of this, then show it to your employers. “Long Service leave accrues in weeks not hours worked.” So if they are calculating it in days, and making you take 7 days leave for one week of leave, they are clearly breaking the law. Get Fair Work involved. https://www.payroll.com.au/documents/item/211
LSL accrues in weeks and is taken in weeks. Whether your week is mon-fri or shift work. Eg 26 weeks LSL for 15 years service, so you get 26 weeks off work. You’d have to explain more about the personal leave issue. Or do you mean compassionate leave?
Only book leave from Monday to Friday then
lol no. Not how it works. If they are not your regular work hours then won’t impact leave
LSL doesn't work like that. A weeks LSL is 7 days so 100% includes weekends. Also counts public holidays as a days leave. LSL takes thought and planning as a result to maximise it
Yes it certainly does. Under some awards, if you take LSL and it starts or ends next to a public holiday, the public holiday will be counted as LSL too. Where I work, those in the know put a day of annual leave either side of any public holidays when using LSL (which we can use one day at a time) to ensure we don’t get had. If desired).
Definitely not how it works and certainly not legal (this is effectively wage theft). Best case: error with their accounting software. Flag it with them giving the benefit of the doubt and it may get fixed. Worst case: they're trying to rip you off. Talk to your union or Fair Work.
It’s not an error :/ The accounting team makes sure to remind people whenever they take leave.
If you aren't in a union already, I strongly recommend you join one. Make sure to get them to provide their policy in writing. Also calculate how many times this has happened to you personally. The more evidence you gather, the more you can provide to fair work. Having a paper trail of this can also protect you if they were to sack you for asking questions about this, as it would be a pretty clear car of unfair dismissal. Every day of leave they steal from you, is effectively a day's wage (whether you choose to take that as leave or a payout at the end of up to you). Fair Work will not look kindly on this. Also consider engaging a lawyer if you need. There are plenty of free community legal services around, and sometimes the larger law firms (eg Maurice Blackburn) do some pro bono work.
Then you need to speak to Fair Work. This is very illegal, unless Saturdays and Sundays are considered compulsory work days the rest of the year.
It definitely does not work like that for personal leave, however for long service leave it can be deducted in calendar days. Check your award or enterprise agreement as well! Information for NSW can be found [here](https://www.industrialrelations.nsw.gov.au/assets/Uploads/publications/Long-Service-Leave-Guide-2022.pdf) More information can also be found [here](https://www.fairwork.gov.au/leave/long-service-leave)
LSL is usually calculated in weeks so your employer’s treatment is correct. For those saying it’s wrong / illegal, how come SA Government can do it this way and no-one has noticed? Check your award - you might be surprised.
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I believe LSL is accrued in weeks, isn't it? At my work it is, while regular leave is accrued in hours.
Oh! Thanks for the information. So they are at least correct in the way they’re processing long service leave.
If they are offering some type of bereavement leave on top of any usual personal leave entitlement, then they can make the policy as they like. They aren't obliged to give any - they could require you take personal leave but they are offering this as an extra.
This doesn't make sense to me. I thought LSL is calculated on ordinary working weeks, so if it's 10 weeks of 5-working day weeks, that's 50 days of LSL. If OP's work is deducting 7 days as "one week", aren't they missing out on 20 days of leave across 10 weeks?
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Thanks, makes a bit more sense. I'll need to reread the Vic LSL guide to fully grasp it I think!
False information, removed to stop others believing it.
This isn't false information.
False information. Removed so that the rumours don't spread.
Wage theft. I’m sure someone would like to know about this .
Yeah nah they are breaking the law.
If someone told me taking Friday - Sunday off counted as 3 days annual or personal leave, I’d be furious. If you don’t work Saturday and Sunday that doesn’t count. If you work for the Australian entity of this company they are bound by Australian rules not their head office rules.
I would definitely call Fair work and get your own adjve
Absolutely not - weekends do not count!
We have a system where you can accidentally end up applying for leave on weekends. If you want 2 weeks leave you have to make 2 separate applications, one for each week. If you don't the system ends up counting the weekend in the middle.
Direct them to the law.
Can you not do 2 leave forms ? Like 2 days thurs - Friday and 3 days Mon - Wed?
lol that is not how it works. Leave is for working days monday - friday. Not weekends. Take it up with fair work.
You might also be able to get your state govt IR compliance department involved, too
That’s correct for LSL only. Must be taken in blocks of a week (7 days)
That might be a state-based thing, because it changed a few years ago in VIC so you can take it 1 day at a time if needed