Changes to Long Services Leave Entitlements in Victoria

30 July 2018

From 1 November 2018, the Long Service Leave Act 2018 (Vic) comes into operation.  This will have a direct effect on businesses operating in Victoria.

Here are a summary of the changes, however, if this affects your business you should get specific advice confirmed to you.  The key issues are:

  • ability to  take single day periods of long service leave, rather than in larger blocks of time;
  • restricted rights to refuse a request to take long service leave – employers must not refuse unless on reasonable business grounds;
  • entitlements to take long service leave after 7 years continuous employment (instead of after 10 years);
  • changes to the formula of calculations for those on varying hours during the last 24 months;
  • preservation of continuous employment where an employee is re-employed by the employer within 12 weeks of termination of employment, including by way of resignation;
  • unpaid parental leave will be taken to count toward the calculation of continuous employment;
  • a widening of the transfer of business definition and the circumstances amounting to transfer of business to protect entitlements for transferring employees.


Affected employers:

  • should review and update systems, including payroll systems to ensure legislative compliance;
  • train and support HR staff in the changes and ensure managers are equipped to deal with long service leave queries from staff.
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This Newsletter is made available to our clients and interested parties to provide immediate access to information about important changes and developments relevant to employers. The information contained in this publication should not be relied on as legal advice and should not be treated as a substitute for detailed advice that takes into account particular situations and the particular circumstances of your business.