Which State LSL provision

[fleurenf]

Hi Team,

Can I get some clarification regarding under which state legislation the LSL provision falls under if a staff member resides in another state.

Our head Office is in Adelaide SA and the staff member resides and works in Melbourne VIC. The staff member moved to Melbourne some time ago and as we now provide for LSL, does it come under SA or VIC legislation.

Thank you in advance.

Kind regards,

Fred

[Tiger]

The State or Territory Long Service Leave legislation applies where the employee(s) actually works. Location of a head office or residence of an individual has nothing to do with it. Where an employee has worked in more than one jurisdiction, then the time worked in each is added together. EG your example, if employee worked in SA for say 3 years, then his LSL accrued for that 3 yrs based on SA legislation; then he moved to Victoria and was there say 7 yrs - to entitlement date (after 10 yrs), the 7 yrs in Victoria is accrued based on Victorian legislation and the Victorian legislation is applicable at the time of entitlement/termination (if he leaves). If he moves back to SA, then you'd be adding together three different accruals, SA/Vic/SA.
Tiger

[fleurenf]

Thank you for your response Tiger.