Telstra LSL policy before 2020
Telstra LSL policy 2020
Telstra LSL Fact Sheet
GENERAL
The following members are covered by the
Long Service Leave (Commonwealth Employees) Act 1976.
Other members are covered by state legislation.
It is importnat to note that LSL is in calendar days, NOT working days. Thus your daily pay rate is not your working day pay (usually a 5 day week) but calculated over a 7 day week.
Generally speaking Part Time employees have pro rata benefits.
The Act uses the terms category A and B employees.
"category B employee" means an employee other than a category A employee.
"category A employee" means:
(a) an employee the whole of whose employment that counts as employment in a qualifying service for the purposes of this Act has been employment in a full-time capacity; or
(b) an employee the whole of whose employment that counts as employment in a qualifying service for the purposes of this Act has been employment in a part-time capacity.
SPECIAL TELSTRA CONDITIONS
The Telstra 2022 EBA calls up the Telstra LSL Policy. The Clause states:
36. LONG SERVICE LEAVE
36.1. Details of your long service leave entitlement are set out in Company policy and applicable long service leave legislation.
36.2. If you are employed by an employer covered by the Long Service Leave (Commonwealth Employees) Act 1976, you get 3 months of long service leave after 10 years of service, and a further 9 calendar days for each additional year of service, in accordance with that Act. If you are employed by an employer covered by State or Territory Long Service Leave legislation, refer to the applicable legislation for your entitlements.
36.3. If you have more than 90 days accrued on 1 January, the Company will not direct you to take more than 9 days' long service leave in the same calendar year. Further details are set out in Company policy.
The most significant aspect of this is a policy that employees with more than 90 days LSL must take 9 days LSL each year. See Telstra LSL Fact Sheet
SPECIAL TELSTRA CONDITIONS HISTORY
For History see
The Telstra 2019 EBA calls up the Telstra LSL Policy. The Clause states:
33. LONG SERVICE LEAVE
33.1. You get 3 months of long service leave after 10 years of service, and a further 9 calendar days for each additional year of service.
33.2. Further details of your long service leave entitlement are set out in Telstra policy and in the Long Service Leave (Commonwealth Employees) Act 1976. This Act:
a) will apply to you until this Agreement is terminated or replaced; and
b) overrides any entitlements to long service leave under State or Territory laws.
33.3. While the Agreement is in operation, and subject to legislative requirements, Telstra will not modify the provisions in Telstra policy that set out the circumstances in which Telstra may require an employee to take long service leave.
The Telstra Policy in 2020:
10 YEARS SERVICE
The Act provides for LSL credits of 3 months after 10 years of service and pro rate credits after 10 years. Section 16 states:
(1) Subject to section 17, an employee is not eligible to be granted long service leave unless his or her period of service is at least 10 years.
Sect 16 Long service leave and payments in lieu of long service leave
If you have completed 10 years as a full time employee, the formulae is as set out in Section 18.
(1) For the purposes of sections 16 and 17:
(a) the long service leave credit of a category A employee on a day is the period equal to the number of months ascertained in accordance with the formula:where:
Sect 18 Calculation of long service leave credit
3 x A
_____ = B
10
A is the number of years comprised in the part of his or her period of service that accrued before the prescribed day; and
B is the number of months comprised in the period or the sum of the periods of long service leave (if any) previously granted to him or her;
Thus, if you have 10 years service, A=10 and your entitlement is 3 x 10 / 10 or 3 months
LESS THAN 10 YEARS SERVICE
This is only relevant if your employment is terminated before you have completed 10 years. Then you may be entitled to a lump sum payment in lieu of LSL.
The credits will be credited on a pro rata basis as set out above. Section 17 states:
(1) Where an employee whose period of service is less than 10 years but not less than 1 year is to cease to be an employee:
Sect 17 Extended leave or pay in lieu of leave for employees not entitled to long service leave
(a) on or subsequent to his or her attaining the minimum retiring age; or
(b) upon his or her retrenchment;
the approving authority may grant to him or her long service leave on full salary, to be taken so as to expire immediately before he or she is to cease to be an employee, being:
(c) in the case of a category A employee-long service leave for a period not exceeding his or her long service leave credit immediately before he or she commences that leave; or
.....
(2) Subject to subsections (3) and (4), where an employee whose period of service is less than 10 years but not less than 1 year:
(a) ceases to be an employee, otherwise than by reason of his or her death, on, or subsequent to, his or her attaining the minimum retiring age;
(b) ceases to be an employee by reason of his or her retrenchment; or
(c) ceases to be an employee and satisfies the approving authority that his or her so ceasing is due to ill health of such a nature as to justify his or her so ceasing;
the approving authority shall authorize payment to him or her:
(d) in the case of a category A employee-of an amount equal to the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave immediately before he or she ceases to be an employee; or
.......
TABLE
under construction
CTH 3 months after 10 years - and pro rata after Credits can be taken after 10 years Termination 1-10 years service NSW 2 months after 10 years - and pro rata after Credits can be taken after 10 years Termination 5-10 years service - pro rata but conditions * Termination 1-5 years service - no entitlement VIC 8.66 weeks after 10 years Credits can be taken after 7 years Termination 7-10 years service - pro rata
* entitlement if
- illness or incapacity or domestic or other pressing necessity
- terminated for any reason other than serious & wilful misconduct
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