Long Service Leave

WHAT IS LONG SERVICE LEAVE?

Long service leave (LSL) is an entitlement held by employees who have been continuously employed by the same employer for a long period of time.

Each state and territory has different LSL entitlements and legislation.

In WA, workers are generally covered by the Long Service Leave Act (1958). Employees in the construction industry are covered by the MyLeave construction industry portable long service leave scheme. Visit the MyLeave website for more information.

WHO IS ELIGIBLE FOR LSL?

All permanent employees, be it full-time or part-time, are entitled to LSL if they have been ‘continuously employed’ by an employer for a certain period of time.

WHEN WILL I QUALIFY FOR LSL?

In WA, you must have worked for the same employer for 7 – 10 years in order to qualify for long service leave.

WHAT IS CONTINUOUS EMPLOYMENT?

‘Continuous employment’ refers to the time you have spent working for the same employer without an interruption that ‘breaks’ the continuity of your employment.

Certain absences or interruptions will not count towards your period of continuous employment – for example, time spent stood down. This means the period of time you spend absent from work will not count towards your LSL balance, but the continuity of your employment is not broken.

Some absences or interruptions will still count towards your period of continuous employment – for example, time spent on annual leave.

For more information around the types of absences or interruptions that may affect the continuity of your employment, click here.

I’M A FIFO WORKER – IS MY EMPLOYMENT STILL CONTINUOUS?

FIFO employees may work on a on/off swing basis, wherein they do not perform work in their ‘off weeks’. Breaks between your ‘on weeks’ do not break the continuity of your employment and may count towards your period of employment.

Whether a FIFO worker has completed the requisite period of continuous employment will depend upon their individual circumstances of employment. If you have questions around your specific circumstances, reach out to the Offshore Alliance for help.

HOW MUCH LSL DO I HAVE?

  • after 10 years of continuous employment with your employer, you are entitled to 82/3 (8.667) weeks of leave on your ordinary pay;
  • for every 5 years of continuous employment with your employer after the initial 10 years – 41/3   (4.333) weeks of leave on ‘ordinary pay’

If you leave after 7 years but before 10 years of continuous employment, you are entitled to pro-rata long service leave. You can calculate what you think you may be owed by clicking here.

WHAT HAPPENS WHEN I LEAVE MY JOB?

You can use the WA long service leave calculator to estimate how much long service leave you have left.

7 – 10 years’ employment

If you are dismissed, made redundant, or die between 7-10 years of continuous employment, you are entitled to pro-rata long service leave on the basis of 82/3 (8.667) weeks for 10 years of continuous employment.

10+ years’ employment

If you are dismissed, made redundant or die, you are entitled to:

  • 82/3 (8.667) weeks of leave if you have completed 10 years of continuous employment;
  • an additional 41/3 (4.333) weeks of leave for each subsequent 5 years after the initial 10 years of continuous employment

Pro-rata entitlement – more than 10 years of continuous employment

If you have completed more than 10 years but less than 15 years of continuous service at the time your employment is terminated, you are entitled to pro rata leave.

This leave is:

  • calculated on the basis of 0.867 weeks of LSL for each completed year of continuous employment,
  • is calculated on completed years of employment only – months, weeks, or days,
  • is not available for employees whose employer has terminated them for serious misconduct.

This pro rata entitlement (0.867 weeks of LSL for each completed year of continuous employment) will also apply to each year of employment since an employee completed 15, 20, 25, 30, 25 years etc. of employment.