The Guide to Understanding Long Service Leave in Western Australia offers practical information and guidance on how to calculate the entitlement to long service leave for Western Australian employees.
Long service leave is a state based entitlement and WA is particularly unique in its law that governs this entitlement. Employees in WA can access the entitlement on resignation or termination (other than for serious misconduct) at 7 years of service which is one of the most generous schemes nationally.
It can be a particularly difficult area to navigate where staff work between, or move, interstate or overseas, where their basis of employment and hours have changed over time or where they have had periods out of the workforce, for example for parental leave, workers compensation and other such absences.
There are options for employers in managing the leave liability including freezing rates of pay where the taking of the leave is delayed, the ability to cash out the entitlement and so on.
This guide provides employers with all of the tips, tricks and guidance you need to minimise costs and mitigate the risk of claims and fines (or up to $20,000) associated with this entitlement.
The guide includes information on:
- scope and application of relevant State law (including where moving interstate/ overseas);
- interaction with other employment legislation and industrial instruments;
- calculating the quantum and hours if they have changed over time;
- determining the appropriate rate including for commission only and piece rate payment systems;
- options for access to the entitlement such as cashing out or taking the leave in advance;
- delaying the taking of leave and freezing the rate at which the entitlement is payable at;
- record keeping requirements; and
- the effect of transmission of business on the entitlement... to name a few.
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