Before submitting a long service leave complaint via our online form, please send the employer a letter of demand using the template below. Don’t forget to change the details in the letter to suit your own circumstances.
[Name of employer]
[Address line 1]
[Address line 2]
RE: Long service leave payment to [your name]
I write in relation to my unpaid long service leave.
The Long Service Leave Act 2018 (VIC) provides that:
Section 6. Entitlement to long service leave
At any time after completing 7 years of continuous employment with one employer, an employee is entitled to an amount of long service leave on ordinary pay equal to 1/60th of the employee's total period of continuous employment less any period of long service leave taken during that period.
Section 9. What happens if employment ends before leave is taken?
(1) If an employee's employment ends (other than because of the employee's death) before the employee has taken all the long service leave to which the employee is entitled, the employee is taken to have started long service leave on the day that the employment ended.
(2) On the day referred to in subsection (1), the employee's employer must pay the employee the full amount of the employee's long service leave entitlement as at that day.
- In the case of a natural person, 12 penalty units for each day during which the offence continues.
- In the case of a body corporate, 60 penalty units for each day during which the offence continues.
As I worked continuously for [name of employer], from [start date] to [end date] which is equal to a period of [weeks of employment] weeks, I am entitled to [weeks of long service leave owing] weeks of long service leave at my ordinary weekly rate of pay at the time my employment ended.
Please forward the payment within 7 days of the date of this letter to the above address. If you fail to comply, then a complaint will be lodged with the Wage Inspectorate Victoria against you for breaching the Act, which may result in a formal investigation and criminal prosecution.
Reviewed 30 June 2021