Home - Can an employee take long service and annual leave after ceasing employment?
September 17, 2019 on chapter Long service leave

One of our employees retires on his last working day and will not be returning to work. However, he has requested not to be paid out his accrued long service leave (LSL) and annual leave, which will exclude superannuation contributions.

Instead, he wishes to take LSL from the next business day so that he is entitled to be paid superannuation, with annual leave payments to begin thereafter. Can we refuse his request?

If the employee has given notice of their last day of employment, and that has been accepted by your organisation, you do not have to allow the employee to use his accrued long service and annual leave entitlements.

That is, if the employment termination day has been set, you are entitled to hold the employee to that date and pay out his accrued LSL and annual leave on termination.

If the employee has not yet given formal notice of resignation, he may request to take the accrued leave prior to resigning and you may agree to that request.

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