Long Service Leave

Provisions related to Long Service Leave (LSL) are provided for within Appendix 3 of the VCEMEA.

The LSL Impementation Guide provides a summary only.  For specific information on LSL entitlements, it is recommended that employers review Appendix 3 of the VCEMEA.

Entitlements

Employees are entitled to 9.1 weeks of Long Service Leave (LSL) on completion of 7 years continuous service in Catholic Education in Victoria.  Further entitlements to LSL are accrued at the rate of 1.3 weeks per year of service after 28 January 1996 and 1.2 weeks per year of service until 28 January 1996.

Any period of LSL taken shall be exclusive of any public holidays occurring during the period when leave is taken, and any annual leave or school holidays.

The entitlement to LSL of any casual employee is governed by the Long Service Leave Act 2018 (Vic) and not the VCEMEA.

Long Service Leave is paid at the ordinary rate of pay (defined in clause 1 of Appendix 3) at the time of taking the leave or on termination.

Where an employee has had both full-time and part-time service, the employee will have their ordinary rate of pay calculated as a weighted average of the full-time equivalent (FTE), applying consistently over the period of long service leave. The result will be an overall average FTE. 

Portability and process on termination

An Employee may, at the time of termination, make a request to their Employer to forgo the payment in recognition of the LSL entitlement, provided that;

  • the Employee declares, at the time of termination, the details of the new Employer or that the Employee is seeking employment within Catholic education, and
  • the period between the date of termination and the commencement of employment with a new Employer is not more than four full school terms.

Where the Employee makes a request to forgo the payment of a LSL payment under these provisions, and commences within the required four full school terms from the date of termination, the LSL entitlement will be recognised and the service that it relates to will be treated as continuous service with the new Employer.

Where the Employee makes a request to forgo the payment of a LSL payment under these provisions, and does not commence within the required four full school terms from the date of termination, the Employee will be paid their accrued LSL entitlement with effect from the date of termination.

Entitlements when an employee leaves and resumes employment in Catholic Education

Where, after termination of employment, an Employee resumes employment in Catholic education after October 2008, then:

  • If the Employee resumes employment within two full school years from the date of termination, the service shall be continuous but not accruable for LSL purposes.
  • If the employee resumes employment within a period exceeding two full school years after the date of termination, the service shall not be deemed as continuous or accruable for LSL purposes.  Any further entitlement to LSL shall be determined from the date of resumption of service in Catholic education. 

Conditions related to taking leave

When an Employee becomes entitled to LSL, the leave should be granted by the Employer as soon as practicable, having regards to the needs of the school, or at a later time agreeable between the Employer and the Employee. 

LSL must be taken in for periods of not less than one day. 

 

Illness while on long service leave

An employee may be given credit for long service where an Employee becomes ill whilst on LSL and the illness is for a period of greater than seven days.  The credit will be subject to the Employee submitting satisfactory medical evidence and the period will be treated as personal leave.

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