Redundancy And Long Service Leave


Do you get long service leave if made redundant?

You may be entitled to unused annual and/or long service leave payments. These will be paid out as a lump sum when you leave your employer. If you have been made redundant, concessional rates of tax apply, depending on when the leave was accrued and your marginal tax rate. via

Do you get paid long service leave if made redundant NSW?

Long Service Leave On Termination

This will apply if they resign, or they are terminated for any reason, including if they are made redundant, and even in the case of dismissal for serious misconduct. However, they will not be entitled to pro-rata long service leave if terminated for serious misconduct. via

Can long service leave be denied?

In NSW and most other Australian states and territories, most casual, part-time, and full-time employees are entitled to Long Service Leave after 10 years of continuous employment. That is, employers may only refuse the allowance of LSL during times when it is reasonably impractical for the business to do so. via

What is considered excessive long service leave?

Excess long service leave is the long service leave accrued under the Award which is over and above what you would normally accrue under the Act. The USU and Local Government Super are currently preparing some advice on how this will work in practice and we will issue a further update shortly. via

Is long service leave taxed?

Unused annual leave and long service leave

All unused (accrued) annual leave and long service leave paid to an employee upon termination of the employee's services (including a bonus, loading or other additional payment relating to that leave) is subject to payroll tax. via

How do you calculate long service leave?

Under the Act, employees are entitled to long service leave after a minimum of 7 years' continuous service with their employer. An employee is entitled to an amount of long service leave on ordinary pay equal to 1/60th of the period of continuous employment, or approximately 6.1 weeks after 7 years. via

Do you get pro-rata after 7 years?

After 7 years of service, you are entitled to leave on a pro rata basis. Do take note that depending on the reasons for your termination, you may not be able to get payment for this leave. via

What are you entitled to when you are made redundant?

If you're being made redundant, you might be entitled to redundancy pay. You'll only get redundancy pay if it is a genuine redundancy - check if your redundancy is fair. There are 2 types of redundancy pay you could get: 'statutory' redundancy pay - what the law says you're entitled to. via

Do you pay super on long service leave cash out?

If an employee takes their leave then returns to the same job, they must be paid super on top of their regular salary. Alternatively, if an employee receives their long service leave allowance as a lump sum when they are terminated or resign from their job, they will not be eligible to receive any super. via

Is it better to take long service leave as a lump sum?

If you take your long-service leave, you can then salary-sacrifice your income into super, thus reducing your taxable income for the financial year. Another option is to take the lump sum, but that will attract tax at your normal marginal rate. via

Can you work another job while on long service leave?

In the Northern Territory, South Australia and Victoria it is strictly forbidden. However, NSW, Queensland and the ACT's long service leave and workplace legislation do not specifically deal with the issue. via

Do you accrue long service leave on JobKeeper?

The JobKeeper scheme doesn't impact or change an employee's long service leave entitlements. via

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