Asking for a partner.
They joined this NSW employer as a casual in Oct 2009 and became permanent full time in Sep 2011.
In their long service leave, they have been assigned 264 hours but it appears that minimum LSL in NSW is 325hrs(8.67 weeks).
https://www.service.nsw.gov.au/transaction/use-long-service-…
Did the employer assign incorrect hours or are we calculating incorrectly?
Yes 8.67weeks equates to 325 hrs based on 37.5hrs working week but this is for permanent position since 2011. Not sure how the hours will be calculated for casual position though some weeks were slow while they worked nearly 60hrs in other weeks.
The fact sheet makes reference to parental leave taken not calculating towards LSL hours but still counting towards actual length of employment time.
If parental leave was taken in the 10 years that could be the cause of the variance.
Would need to look into those various caveats.
This is fairly complex, and I have no qualifications in the area, but here is my understanding.
Long service leave is counted in months or weeks - two months or 8.67 weeks. That's the time you get off - it is not counted in hours.
However, most employers pay in hours, so LSL entitlements are listed on payslips in hours. For an employee with fixed working hours, you can easily translate between the two.
For employees with variable hours, LSL hours on the payslip are calculated on the average working hours over the previous year. So, if your average working week over the year was 30 hours, then the LSL hours on your payslip would be that average times 8.67 weeks, or 260.1 hours.
Or, if your average working week was 50 hours, 50 x 8.67 = 433.5 hours.
Unless you know the average working hours over the past year, the LSL hours on the payslip won't make much sense. However, you can divide the LSL hours by 8.67 to get the figure that they used (264 / 8.67 = about 30.45hrs).
So, based on the payslip figures you quoted, your partner worked an average of 30.45 hours per week over the last year.
They still get 8.67 weeks off, regardless of how many hours they worked per week.
Are you saying it's based on last 1 year hours?
Every payslips for last 8 years is showing 37.5hr per week.
What is showing 37.5 hours per week? Her working hours for the week? You said she worked "slow to 60 hours per week".
Is she being paid at an hourly rate, or at a fixed rate regardless of the number of hours she works?
If you don't provide all the information, we can't give you the proper answers.
Worked causal for only 2 years and last 8 years is permanent full time on a fixed salary. The standard working hours are 37.5 per week.
@Ash-Say: If your partner is on a fixed salary, then none of what I researched and posted is relevant at all.
I looked up the NSW rules for you. From https://www.industrialrelations.nsw.gov.au/employers/nsw-emp…
For workers who have no fixed weekly number of hours of work (such as casual work) long service leave pay is based on whichever is the highest and at the current hourly rate of pay:
- the normal weekly number of hours averaged during the previous period of 12 months, or
- previous 5 years.
For example, if the 12 month average weekly hours are 20 hours per week and the 5 year average weekly hours are 22 hours per week, the highest average weekly hours i.e. 22 is used and multiplied by the current hourly rate. Refer to Section 3(2A) of the Long Service Leave Act 1955.
Just in case it wasn't clear, the money they'll get paid for their LSL is the hours on their payslip times their hourly rate.
Just having a wild punt … is your partner with Justice NSW ?
Has he/she emailed Payroll asking this question first ?
What did Payroll say … ?
Payroll hasn't been responding as quite busy with Covid issues like applying for jobkeeper and other ongoing issues.
just ask in line manager? if incompetent then HR adviser?
This is why I'm glad I signed my contract in SA, despite working for the company in WA for the past 12 years.
SA long service leave is 13 weeks, after 10 years of employment.
might be wrong, i thought you only got LSL when your permanent, so she has only worked fulltime for 8 years and 8 months, ie 8.66 years so wouldn't this be what she has acrrued pro rata of the 8.67 weeks of LSL which she can access at september 2021 , but if made redundant would have it paid out.
8.67 * 37.5 * .866 = ~261 hours
looks like casuals do get it, im suprised, anyway i reckon the casual tenure hasnt been counted.
This it the correct answer. Casual employment is generally not entitled to LSL.
I am confused because NSW Service website states Most full-time, part-time or casual employees in NSW are entitled to long service leave. If you've been with the same employer for 10 years, you're entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage.
The above does cover casuals.
'Most' does not mean 'all'.
What does your partner's contract of employment say?
Their contract for casual employment may specify that the employee is not entitled to LSL.
You talk about hours, but your link talks about months and days.
I reckon that's where the difference lies.
Your partner should have lsl equivalent to 2 months or 8.67 weeks.