ANMF (Vic Branch) Assistant Secretary Sam Casey
I have accrued personal leave, and I am changing jobs from one public health service to another public health service. Can I still take it with me?
Yes.
Previously, you could only take up to a maximum of 180 days of personal leave. Under the new EBA, the 180-day cap has been removed. This means there is no limit on the amount of personal leave you can take with you from one public health service to another.
You still need to be transferring from, and to, a non-casual employment position.
I work for a Council (Local Government), if I changed jobs to work in a public health service can I take my accrued personal leave with me?
Yes.
Personal leave portability may now be available to you if you are moving from a council in Victoria (as defined in the Local Government Act 2020 (Vic)). Breaks between employment cannot exceed whichever is the greater of two months or the allowable period of absence. See below for how to determine your allowable period of absence.
Please note, this may now also be available to you if you transfer from a public health service in another State or Territory, to a Victorian public health service.
How do I take my personal leave with me?
When your employment ends, the EBA requires that your public health employer provides you with a Certificate of Service.
If you secure another position with a different public health employer within the ‘allowable period of absence’ between stints of employment and provide your new employer with the Certificate of Service from your previous employer, your personal leave accrual should be documented, recognised, and transferred. We recommend you confirm in writing that the transfer has occurred.
What is the allowable period of absence?
It is five weeks, in addition to the total period of paid annual leave, long service or personal leave that you receive or are paid in lieu upon termination or for which you are paid in lieu.
So, if you were paid out six weeks of annual leave and 10 weeks of long service leave, your allowance period of absence would be:
- five weeks +
- six weeks annual leave +
- 10 weeks long service leave
- = 21 weeks maximum between jobs.
Can my previous service with another public health service be transferred?
Yes.
Service, for long service leave (LSL) purposes, is portable between public health employers. You simply follow the same steps mentioned above for transferring your accrued personal leave (you secure a Certificate of Service that details service with your former employer and provide that to your new employer). We recommend you confirm with your employer in writing that this has been recognised.
If you were or are a casual employee, check eligibility with our Member Assistance Team.
Can my previous service with another public health service in another state or territory, or a local government council in Victoria (as defined) be transferred?
Yes, under the new EBA improvements prior employment with a public health service in another state or territory, or a local government council in Victoria may also now be recognised if you move to a Victorian public health service. Again, recognition of service is subject to not exceeding allowable breaks, and it is strongly recommended that you get confirmation of this in writing when you give notice to your previous employer (so your LSL is not paid out), and when you commence with your current employer.
Are there any limits?
If you have 15 or more years’ service already, check with our Member Assistance Team about long service leave first.
If you are a casual employee, or any part of your service was casual employment, check with eligibility with our Member Assistance Team.
How do I check if my new employer is a ‘public sector’ employer?
There is a list of public sector employers in Appendix 1 of the public sector EBA. All of those in the list are considered public health sector, but it is not an all-inclusive list.
If you are thinking of moving to an employer you think should or could be public sector, but is not named in Appendix 1, reach out to that prospective employer to confirm, and contact the Member Assistance Team with the name of the employer if you require further assistance.
I have accrued annual leave, and I am changing jobs from one public health service to another public health service. Can I take it with me?
No. Annual leave that hasn’t been taken will be paid out when your employment ends.
