20 Mar 2020
AMA Queensland is seeking a relaxation of the Long Service Leave (LSL) regulations to provide options for employers who have staff without any annual leave or other leave they would be able to draw upon if required to self-isolate.
At the moment, employees can only ‘cash out’ their LSL under the Industrial Relations Act 2016 (Qld) if:
- The applicable Award, enterprise agreement or certified agreement allows for cashing-out; or
- The employee makes an application (Form 13) to the QIRC for an order.
These applications may only be made for compassionate reasons or on the grounds of financial hardship and can only be made once the employee has qualified for a leave entitlement.
Further to this, the Health Professionals and Support Services Award and the Nurses Award do not contain provisions which allow the cashing out of LSL.
An employee is only eligible to take LSL in Queensland at 10 years, and again at 15 years of continuous service. There are some provisions which allow for an employee to access their LSL at 7 years, but this is only on termination of employment and satisfying a certain criterion.
Published: 20 Mar 2020