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Does Forced annual leave count towards early release of super eligibility?

Newbie

Views 1056

Replies 5

If my employer has requested every employee to reduce their annual leave balance to 10 days over the coming months (since covid begun), and I took some of the leave in September and the rest in December 2020, would this count towards a reductions in hours and therefore make me eligible for early release of super after the 1st July 2020?
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 3

Hi @Misty1 

If your working hours have been reduced by 20% or more in line with the eligibility criteria and you meet the residency criteria you would be eligible to apply for early release of super.

Good luck with everything.

5 REPLIES 5

Most helpful response

Former Community Support

Replies 3

Hi @Misty1 

If your working hours have been reduced by 20% or more in line with the eligibility criteria and you meet the residency criteria you would be eligible to apply for early release of super.

Good luck with everything.

Newbie

Replies 2

Hi Sue,
That’s a really generic response. Can you please advise if reduction in annual leave hours counts towards reduction in working hours ?

Devotee

Replies 0

Hi @Misty1,

 

I think the ATO are only allowed to provide generic answers over these forums to avoid situations where they are giving "advice". Very rarely do people asking questions provide enough information to give a 100% accurate and reliable answer, and if someone from the ATO gave you an actual answer, you would understandably want to be able to rely on it - so unless the ATO engage in a lengthy back and forth to get all of your personal details and circumstances... then you are stuck with getting generic answers and links to information to help you self-assess your eligibility.

 

If you call the ATO, they can provide you with advice.

 

But to answer your question... my understanding is that if you physically worked 20% less hours because of COVID (regardless of amount paid), then you are eligible.

Initiate

Replies 0

Hi @Misty1 

 

They did the same to me .....   but I have noticed that they will respond with better answers when they feel like it Smiley Sad

Devotee

Replies 0

@Misty1 

 

I have a different view to the others that have replied to your post.

 

Its my opinion that annual leave counts as if it were hours worked and therefor if someone takes annual leave it replaces their actual working hours and counts towards their total hours worked and that means there is no reduction in hours worked for that week or what ever time period.

 

Having said that, I have asked an ATO Community Manager @ChrisATO to have a look into this and confirm what the actual correct answer is.

 

So all I can say is that you should keep an eye on the post in the link below because @ChrisATO is usually very timely with their response, if they can provide one*.

 

https://community.ato.gov.au/t5/COVID-19-response/Early-Release-of-Super/m-p/86825#M36742