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Elaine Li
15-04-2013, 05:54 PM
Hi , can anyone tell me if a staff take maternity leave / parental leave for 12 months, does this time off still get added on when we calculation the Long Service Leave entitlement < Two months of paid leave after ten (10) years’ service> ? Thank you.

Cottoneyes
17-04-2013, 08:52 AM
Hi Elaine,

Yes and No.

The time off is counted towards the long service leave entitlement, so 10 years with 1 year off on maternity leave is still 10 years and the employee is entitled to take the leave. In the past we have viewed that if you were to take the time off the entitlement period it could be viewed as discrimination.

The no part of the answer is at the 10 years, the employee is entitled to 9/10ths of the 2 months off, so they do not get their full entitlement, as leave accruals cease during any period of unpaid leave including maternity leave. Of course this would not be the case for any of the maternity leave that was paid other than for the government paid leave.

Elaine Li
17-04-2013, 12:57 PM
Cottoneyes,

Many Thanks for your answer, appreciated.