The NSW Government has responded to the COVID-19 crisis and addressed some of the inflexibility in the Long Service Leave At 1955 (NSW) for Employers by introducing two changes. These go some way in assisting Employers to manage their workforces and mitigate redundancies, as business conditions rapidly deteriorate. These changes will commence on 25 March 2020 and remain in place for 6 months.

The changes include:

  • Waiving the 1 month notice period previously required for the taking of long service leave to a lesser period as agreed – but by only by mutual agreement between the Employee and Employer; and

  • Allowing employees to take their long service leave in short periods (1 or 2 day blocks) rather than the previous 1 month blocks.

Remember that Employers can agree to an employee taking long service leave in advance in NSW. The NSW Department of Industrial Relations website has more information and FAQs on long service leave.

Whilst these are welcomed changes for Employers, they do not go as far as hoped to allow Employers more flexibility in order to try to mitigate redundancies in this crisis. As more changes are pushed through in the Fair Work space to loosen the current constraints Employers face, we will up The Workplace Collective Blog.

If you need urgent advice or assistance in managing the impact of Coronavirus in your business, please contact IR Legal Solutions to discuss.

This content is not be a substitute for legal advice and is for information only. Employers should obtain advice that is specific to their circumstances and business operations, and not rely on this publication as legal advice.