Current LSL entitlements:

• 13 weeks of LSL in respect of the first 15 years of continuous employment; and
• 8.66 weeks LSL in respect of each additional 10 years of continuous employment.

New LSL entitlements:

• 8.66 weeks LSL in respect of the first 10 years of continuous employment; and
• 4.33 weeks LSL in respect of each additional 5 years of continuous employment.

The change does not affect the rate at which LSL is accrued, being 0.8667 weeks per year of service.

The reforms include transitional arrangements as follows:

• Workers who have completed 12 or more years of continuous employment as at 1 July 2012 will immediately be able to take their LSL entitlement if they wish, subject to the needs of their employers' establishments.
• Workers who, as at 1 July 2012, have completed 9 or more years but less than 12 years of continuous employment will have to wait until 1 July 2013 before they can take their LSL, subject to the needs of their employers' establishments.

This does not prevent a worker with 10 or more years of continuous employment (or their personal representatives) from receiving their LSL entitlements in the event that the worker leaves their employment or dies during the period 1 July 2012 to 1 July 2013.

What is "continuous employment"?

Continuous employment means uninterrupted employment with a single employer, although legislation does allow for some interruptions in employment, including the taking of annual or long service leave, maternity leave, standing down for a period not exceeding 6 months due to poor trading conditions, jury duty etc.

Legislation also deems continuous employment where there has been a transmission of business to another entity and the worker has been employed by the new employer within 2 months.

For more information about LSL entitlements, please contact Workplace Standards Tasmania on 1300 366 322.