Question on Notice- Long Service Leave Entitlements

1 Aug 2023

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Parliament

Sam Hibbins to ask the Minister for Industrial Relations —  In relation to long service leave, is the Government considering reforms that would allow workers to cash out their entitlements

Response from the Minister for Industrial Relations

The Victorian Government is not considering reforms to enable the cashing out of long service leave entitlements.

In Victoria, the primary source for long service leave entitlements is the Long Service Leave Act 2018. Under the Act it is an offence for an employer to give an employee (and an employee to accept) a payment in lieu of long service leave. There are limited exceptions to this rule.

Similarly, the Victorian Public Service Enterprise Agreement 2020 only provides for the cashing out of long service leave in limited circumstances, such as on termination of employment.

In 2016 the Victorian Government commenced a review of long service leave arrangements under the now repealed Long Service Leave Act 1992 (Vic). Following that review Victoria introduced a number of reforms to modernise long service leave laws for the Victorian community.

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