Know Your Rights: Long Service Leave

20-Jan-2017
 
 

 

 

 

Long Service Leave

 

General entitlement

Under the Long Service Leave Act 1955 (NSW), all employees in NSW are entitled to 2 months' paid leave after 10 years continuous service, and 1 month's paid leave for each subsequent 5 years of continuous service. Pro rata leave is payable between 5 & 10 years on termination:

(a) by the employee on account of illness or incapacity or domestic or other pressing necessity;

(b) by the employer for any reason other than serious & wilful misconduct.

Award or Enterprise Agreement

Section 5(1)(a) of the Long Service Leave Act 1955 (NSW) states that where an award or agreement provide more favourable terms than those disclosed within the Long Service Leave Act, those terms will apply.

Public Sector Health Awards

-          Staff Specialists (State) Award

-          Public Hospital Career Medical Officers’ (State) Award

-          Public Hospital Medical Officers’ Award

Under the above-mentioned Awards, employees are entitled to Long Service Leave after 7 years’ continuous service, proportionate to his or her length of service, calculated at the rate of 2 months' paid leave for 10 years’ served.

After 10 years’ service, employees are entitled to additional long service leave, proportionate to his or her length of service, calculated at the rate of 5 months’ paid leave for each 10 years’ served.

Pro rata long service leave is payable between 5 & 7 years on termination:

(a) by the employee on account of illness or incapacity or domestic or other pressing necessity;

(b) by the employer for any reason other than serious & wilful misconduct.

For Staff Specialists, it is important to note that broken periods of service (i.e. where there is a gap in employment greater than 2 months) with NSW Health in one or more Hospitals shall count as service for accrual purposes.

For Career Medical Officer & Medical Officers, broken periods of service shall not count as service for accrual purposes unless they complete five years' continuous service from the date they are re-employed.

Broken periods of service are often overlooked and many employees forego their right to accrue at the higher rate of 5 months for every 10 years on re-engagement. Consequently please notify your employer on commencement of employment of all previous service.

Part-time employment with NSW Health

If you have worked part-time, your long service leave balance will be the same as a full-time employee, however the amount payable will be an average of your FTE over the life of your employment. This is often referred to as pro rata long service leave on your payslip.

 

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