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Long Service Leave Act 1992 (Vic) to be repealed and replaced

Long Service Leave Act 1992 (Vic) to be repealed and replaced

By Workplace Relations Section

Legislation Workplace Workplace Relations 


The Long Service Leave Act 1992 (Vic) will be repealed and replaced by the Long Service Leave Act 2018 (Vic). The new Act will come into effect on or before 1 November 2018. The Act does not make major changes to long service leave but rather makes incidental changes. The key changes are: • A right to take long service leave after 7 years continuous service (calculated at 1/60th of the employee's continuous service) rather than having to wait for 10 years' service to take the leave. There is however no change to the entitlement to receive pro rata long service leave if employment ends for any reason after 7 years continuous service; • Parental leave for non-casual employees no longer breaks continuous service; • Parental leave for casual employees will not break continuous service if up to 2 years rather than just 1 year; • In addition to the current right to have prior service counted when an employee moves employer in a transfer/sale of business situation, a transfer of intangible assets (eg. records) will give rise to a transfer of business and maintain continuity of service;

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