Backdating Termination Date due to LWOP

Q: I have been asked to backdate and employees termination date to the beginning of a Leave Without Pay period as the employee has terminated their employment whilst on Leave Without Pay.

I believe this is only a Parental Leave Without Pay Provision and we have no ability to backdate termination after a period of Leave Without Pay. Is that correct or could we backdate it to the first day of the second week of LWOP?


A: Was the LWOP agreed to be counted as continuous employment or a break in service?


Q: I guess not, this is the clause….

As per the Holidays Act, the first week of your LWOP is considered to be continuous service. As you are planning to take more than 1-week LWOP this will result in your service/leave anniversary date being moved out in accordance with the duration of your LWOP period. Payroll will advise you of your new anniversary date following your LWOP period.

So we could backdate to day one of week two of the LWOP period or alternatively terminate him after his notice period – really doesn’t make much difference I expect?


A: Bottomline it is based on when the employee gave notice.  The difference between this and parental is law makes it the first day of parental leave if they don’t return to work but there is nothing like that in law for LWOP so it is based on what is in the employment agreement and what notice was provided etc.

Leave a Reply

ePayroll FREE Weekly Newsletter

Payroll News, Tips and Advice Delivered FREE to your inbox. Privacy Statement: your email address will never be revealed to third parties.
Click here to access the ePayroll Archive