What are my rights when returning from long service leave in Australia?

Question from Mario, What are my rights when returning from long service leave in Australia?

Answer from AI:

In Australia, long service leave is a benefit provided to employees who have been with the same employer for a long period of time. The specifics of this benefit can vary between states and territories, but there are some general rights that apply across the board when an employee returns from long service leave.

Right to Return to the Same Job

One of the most important rights is the right to return to the same job that you held before taking leave. According to the Fair Work Act 2009, if your job no longer exists due to operational changes during your absence, you are entitled to an equivalent job that is nearest in status and pay to your former job.

Right to Fair Treatment

You also have the right to be treated fairly and not be disadvantaged because you have taken long service leave. This means that your employer cannot take adverse action against you, such as demoting you, reducing your pay, or terminating your employment, simply because you have taken your leave. This is protected under the General Protections provisions of the Fair Work Act 2009.

Right to Accrue Leave

While on long service leave, you continue to accrue annual leave and personal/carer’s leave. This means that when you return from long service leave, you may have additional leave accrued.

Right to Request Flexible Working Arrangements

Upon returning from long service leave, you may have the right to request flexible working arrangements under certain circumstances, such as if you are a parent or have carer responsibilities. Your employer must seriously consider your request, but can refuse it on reasonable business grounds.

Steps to Protect Your Rights

• Keep Records: Maintain a record of your employment, including your long service leave dates and any communications with your employer about your leave and return to work.
• Communicate: Keep open lines of communication with your employer about your plans to return to work and any changes you may need.
• Seek Advice: If you believe your rights have been violated, seek advice from a legal professional or contact the Fair Work Ombudsman.

Remember, this information is a general guide and may not apply to your specific situation. It’s always a good idea to consult with a legal professional for personalized advice.