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Long service leave in NSW - Anyone got the good oil?

furballx

By furballx
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furballx Pinball Wizard

furballx

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Hi Guys,

I had a phone call from a good mate today who is 100% over his job. He does not earn a huge amount (about $60K per year) so he is thinking about how he can take his long service entitlement and make it stretch as far as possible and give himself a chance at another job while on LSL. We did a lot of reading and we are happy he is owed about 18-19 weeks LS (he has been in the company 20 years and a bit). However there are a few areas that were a bit vague. The company he works for are a big corporation of arseholes (1000+ employees across Australia) and he does not care if he screws them over. They were OK to work for in the first 15 years but have turned to crap in the last 5.

 

So, a few questions IN NSW ONLY please (I know other states are different)

 

1) Can you take LSL at half pay to maximise tax benefit (he might take a while to find a job)?

 

2) How much notice do you need to give your employer to take your LSL (I know they need to give you 1 month if they force you to take it)?

 

3) Can you tender your resignation while on LSL?

 

4) Can you work for a second employer while on LSL? I assume that if you can that you would not be allowed to claim the general tax exemption for the first $15,000 of the new job until after the LSL payments are stopped.

 

Please answer if you know for sure form experience or are qualified with regards to NSW LSL requirements. This important to my mate and he cannot afford to stuff it up.

I appreciate that people want to help, but "I reckon...…" answers could do more harm than good. Even better if you can link references r lead me to content confirming what you tell me :)

 

Thanks if someone can offer advice, I appreciate the help.

 

PM replies are OK if you do not want to post publicly.

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furballx Pinball Wizard

furballx

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Get your mate to talk to his tax accountant, they would know better than a group of guys on a arcade forum :D

 

Could be mate, but we have some pretty bloody cleaver fellas on this forum.

 

OH, and Happy Birthday!

:)

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punkin Mentor

punkin

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As far as half pay it depends on his company policy. He should be able to easily get a copy of any or all company policies if he hasn't already got one (after all he's expected to abide by them). Notice period can also be varied by policy but there will be a minimum notice period under his award, the company can agree to waive this period.

If he has an inkling that they may not replace him when he goes that can be a good opportunity to get the company to work with you.

Company policy will also be there about secondary employment depending on industry and there will almost certainly be a requirement to notify if there could be a conflict of interest.

 

The two documents the two of you need to get together over are the company policies related and the relevant award. The award is searchable publicly.

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bossninja17 Mentor

bossninja17

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1. Is he employed under the jurisdiction of Fair Work, NSW Industrial Relations Commission or another Award?

2. Long Service Leave is a entitlement but granted at the employer's discretion.

3. Punkin's advice is sound.

4. There are 2 issues - financial and employment. He should get advice from accountant / tax agent and his union.

 

Sent from my CPH1701 using Aussie Arcade mobile app

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