Long Service Leave FAQ
What is the long service leave entitlement?
The entitlement to long service leave is eight and two third weeks of paid leave after completing ten years of 'continuous employment'. After each additional five years of 'continuous employment', an employee is entitled to four and one third weeks of leave.
Unlike other employees covered by the Long Service Leave Act 1976, a mining employee is entitled to thirteen weeks of long service leave after each ten years of 'continuous service'.
When is an employee entitled to payment for pro rata long service leave?
Section 8(2)(b), (3) & (3A)
An employee may be entitled to payment for pro rata long service leave on termination of employment after completing seven but less than ten years of 'continuous employment'.
Section 8A(2)(b), (3) & (3A)
However, a mining employee may be entitled to payment for pro rata long service leave on termination of employment after completing five but less than ten years of 'continuous employment'.
The payment of a pro rata entitlement is not automatic and is only required in certain circumstances. For information on the circumstances where pro rata long service leave is to be paid, refer to the section - 'Pro Rata Long Service Leave'.
Are casual employees entitled to long service leave?
Yes, if they meet the 'continuous employment' provisions.
Can long service leave be 'cashed in'?
Yes. By agreement, employees may 'cash in' long service leave by receiving payment in lieu or may take a mixture of cash and leave.
What happens when public holidays occur while on long service leave?
Public holidays are added on to the period of long service leave.
Can an employee accrue long service leave with two employers at one time?
Yes. The Act does not prohibit an employee from working for another employer while on leave.
Can an employer be exempt from the Long Service Leave Act 1976?
Yes. The Secretary of the Department of Justice may grant an exemption to an employer from having to comply with the act where:
- employees are entitled to benefits not less favourable than those set out in the Act
- it is in the best interests of the employees that the exemption is granted
Does an apprenticeship count towards 'continuous employment'?
Yes, provided that following the completion of the apprenticeship, the person is engaged for work by that employer within 3 months.
Does a period of workers compensation count towards 'continuous employment'
Yes. Any absence due to illness or injury that has been certified as necessary by a medical practitioner counts towards 'continuous employment'.
Contact WorkSafe if you have any queries.