Long service leave and change of position
the company has a full time employee who has been with the company 9 years. he recently returned to the office after 18 months off due to illness but found he wasn't coping with his old position so he resigned.
In the mean time the director offered him another position casual as he didn't want lose a good employee and his medical certificate says he can't work more than 2 days a week which he started the next week.
We are paying out all his entitlements annual leave, long service leave. etc as per his resignation.
One of the director has said that he isn't allowed to return as a casual until he has had 3 months off as per his long service entitlements, he was advised by a HR expert.
Anyone have experience or come across this situation?
i thought if an employee resigned to start a new job after 7 years we would pro rata their long service leave surely it would be similar situation.
any help appreciated.
thanks