If you have completed 10 years of continuous service as a full time, part time or casual employee with an employer, then you are entitled to long service leave.
How much are you entitled to? The Long Service Leave Act 1955 (NSW)(Act) provides that if you have been working for the same employer for 10 years, you are entitled to 2 months (or 8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage.
However, an employee may also be entitled to a pro-rated entitlement after five (5) years, if the employee resigns as a result of:
- Incapacity; or
- Domestic or other pressing necessity¹.
As an employee, you will need to advise your employer in writing of the above reasons at the time of giving notice of your resignation.
The Act also provides for a pro-rata entitlement after five (5) years, if an employee’s services have been terminated by the employer, for any reason other than serious and wilful misconduct, or if the employee dies.
If an employee ceases employment before 5 years’ service, there is no entitlement for long service leave.
In the case of an employee who completes 15 years of continuous service, the employee is entitled to a proportional amount, based on 2 months for 10 years of service, since the employee last became entitled to an amount of long service leave (after 10 years).
If you are a building and construction worker, then different conditions may apply to you. The Long Service Leave Corporation administers a portable long service leave benefits scheme for building and construction workers.
If you are a cleaning industry worker, then different conditions may also apply to you.
You’ll find the team at Conditsis Lawyers are here to demystify your employment entitlements.
¹Section 4(2) of the Long Service Leave Act 1955 (NSW)