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Long service leave is states legislation.
Long service leave is a period of paid leave for employees who have been working for the same business for a long period of time.
Long service leave:
• is generally governed by state and territory laws
• can generally be taken after 10 years continuous service
• is generally paid at the employee’s ordinary rate of pay
• generally can‘t be cashed out
• is paid out to eligible employees upon termination of employment (minus any amount already taken); and
• may apply to casual employees.
The entitlement to long service leave is 13 weeks within 15 years’ continuous service. The calculation to determine how much long service leave is owing is:
13 weeks /15 years * the years worked
ACT After 7 years service can take annual leave or entitled to be paid On termination for any reason
NSW NT QLD SA VIC WA After 10 years service On can take annual leave or entitled to be paid On termination for any reason
TAS After 15 years service can take annual leave or entitled to be paid On termination for any reason
Year Service requirement States
7 years ACT
10 years NSW NT QLD SA VIC WA
15 years TAS
Unused Long Service Leave entitlement
An employee who has completed five years in NSW and ACT, 7 years in other states of service is entitled to a long service pro rata payment if he or she:
• Resigns as a result of illness, incapacity, domestic or other pressing necessity
• Is dismissed for any reason except serious and wilful misconduct
• Dies
Service requirement for pro-rata
Service requirement for
pro-rata of leave States
5 years ACT NSW
7 years NT QLD SA VIC WA TAS NSW, QLD
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