Gardening Leave - Does it count towards time for Long Service Leave?

[monners5]

Hello everyone,

I am wondering if you could please possibly shed some light on the following...

An employee has resigned 2 weeks before their 7 year anniversary date.
They are going to work for a competitor business and are placed onto 4 weeks paid gardening leave.

By the time their 4 weeks paid gardening leave is up, they will have effectively ticked over the 7 year mark.

Would the employer be required to payout their pro-rated long service leave?

Many thanks

[Sonya P]

I doubt this is a coincidence.

This person's employment doesn't technically end until the end of the "gardening leave". It's designed that way so they can't go and work for anyone else.

So "yes", the employer will have to pay out the LSL.

Just my personal opinion, so don't take it as gospel.