In May 2018 the Victorian Parliament passed the Long Service Leave Bill 2017. On 1 November 2018, the current Long Service Leave Act 1992 (Vic) will be replaced by the Long Service Leave Act 2018 (Vic) (Act). The new Act contains changes to increase flexibility of taking Long Service Leave and introduces changes to the continuity of service. These changes will impact employers and employees in Victoria only, unless they are specifically excluded from the operation of the Act.

Changes under the Act

• Employees will be able to take long service leave after seven years’ service on a pro rata basis (it is currently 10 years’ service);
• Employees may take long service leave at a minimum of one day’s leave at a time;
• Any period of paid parental leave and up to 12 months’ of unpaid parental leave will count as service, and no amount of parental leave will break continuity of service;
• The employer and employee may agree at the time that the unpaid leave commences, that a period of unpaid leave beyond 12 months will count as service;
• New methods have been introduced to calculate long service leave where an employee’s hours of work are not fixed or where they have changed over a period of employment; and
• Clarification on employees who are not covered by the Act.

The accrual rate of 1/60th of the period of continuous employment will not change under the new Act.

Free Advice Line for employers

Any uncertainties? Please call our free advice line for employers on 1300 496 955 if you have any questions around the Long Service Leave changes in Victoria.