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Can already received JK be used to payout LSL when resigned?

Newbie

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I received JK last year which stopped in September, I resigned from that employer this year and am owed to be paid out for my LSL which I did not take at anytime during my employement. My ex employer says that the additional money I received through JK (as it was above what I would normally have been paid) is to be allocated to pay my LSL, so in effect she does not need to pay it out.

Is she correct in this?  I have asked the ATO and they said to take it to Fair Work as it does not sound correct but Fair Work have said because she is trading as a Trust that I need to take it back to ATO. I have yet to go back to ATO for clarification.

Does anyone have any suggestions?

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Most helpful response

ATO Community Support

Replies 1

Hi @Tink1353,

 

No, she is not correct.

 

An employer must pay their eligible employees at least the JobKeeper amount per fortnight in order to be reimbursed by us for it. This is covered in when to pay.

 

Also, unused long service leave is a lump sum a type payment, which is not a payment type that counts towards the JobKeeper amount, and therefore JobKeeper cannot contribute towards this amount.

2 REPLIES 2

Most helpful response

ATO Community Support

Replies 1

Hi @Tink1353,

 

No, she is not correct.

 

An employer must pay their eligible employees at least the JobKeeper amount per fortnight in order to be reimbursed by us for it. This is covered in when to pay.

 

Also, unused long service leave is a lump sum a type payment, which is not a payment type that counts towards the JobKeeper amount, and therefore JobKeeper cannot contribute towards this amount.

Newbie

Replies 0

Hi @BlakeATO 

Thank you very much for your response to my question. It will be very useful when I talk to my ex-employer again regarding this matter.

Thanks again