Long Service Leave: what does mean and what are your rights?

What is long service leave?

Long service leave is one of the best things about working in Australia, and one that workers in few other nations share.

Long service leave entitles you to an additional holiday on full pay after an extended period of service with an employer.

It is paid over and above your annual and any other leave.

Where did it come from?

The benefit was first granted to Victorian and South Australian public servants in the 1860s, to allow them, after 10 years’ service, to sail “home” to England or elsewhere, safe in the knowledge their jobs would be there when they got back.

Long service leave eventually spread around the nation, first to government employees and then gradually through the private sector from the 1950s. Now, all permanent employees are entitled to long service leave.

How much do I get?

A typical entitlement is that workers who remain with one employer for 10 years are entitled to three calendar months’ long service leave, or less on a pro rata basis.

It varies state by state, and some industries can be more generous, but these are the formal minimums:

  • ACT: 6.0667 weeks off after each period of seven years’ continuous service.
  • NSW: 8.67 weeks after 10 years’ continuous service and 4.33 weeks for each subsequent five years.
  • NT: 13 weeks after each period of 10 years’ continuous service.
  • QLD: 8.6667 weeks after each period of 10 years’ continuous service.
  • SA: 13 weeks after each period of 10 years continuous service.
  • TAS: 8.6667 weeks after 10 years of continuous service and 4.33 weeks for each subsequent five years of continuous service
  • VIC: Accrues at a rate of one week for each 60 weeks of continuous employment (approximately 0.866 weeks per year), and can be taken any time after 7 years continuous service.
  • WA: 8.667 weeks after each period of 10 years continuous service.

Not sure about your entitlements? Contact your AWU delegate for details, or join the union!

What about casual workers?

In some states and territories casuals are eligible for long service leave if they have worked at the one place for a long time.

This also includes workers who have converted to casual part-way through their career, or vice versa.

So, have you been on the same job a number of years as a casual? Contact your AWU delegate, or join the union!

Can I take it with me?

Some Australian states and territories have legislation that provides employees in industries such as security, community services, building and construction, mining, and contract-cleaning industries with portable long service leave.

This means you can keep your entitlement even if you work on different projects for one or more employers.

Moving jobs? Not sure of your entitlements? Contact your AWU delegate, or join the union!

What if I resign?

When you cease work with an employer you are usually entitled to long service leave you haven’t yet taken, paid on a pro-rata basis if you have completed the following service.

  • ACT: After 5 years
  • NSW: After 5 years
  • NT: After 7 years
  • QLD: After 7 years
  • SA: After 7 years
  • TAS: After 7 years
  • VIC: After 7 years
  • WA: After 7 years.

In some states, the reason for your resignation or dismissal may also affect your pro-rata payout.

Need to know more? Not sure of your entitlements? Contact your AWU delegate, or join the union!

What if the business is sold?

If the company changes hands, then all your accrued entitlements – annual leave, personal or carer’s leave and long service leave – are normally transferred to the new owner.

So, for example, if your boss in NSW sold the business 6 years after you started, then in 4 years’ time, your new boss is required to give you your full long service leave entitlements.

Whatever the case, if you are not sure of your entitlements, or think you may be missing out, contact your AWU delegate, or join the union!

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