Long service leave provisions
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I receive many questions about long service leave entitlements. There is no short answer to this question as entitlements differ depending on the state or territory you live in.
In researching an answer, I was interested to learn that long service leave was "uniquely Australian". It was first introduced to give UK workers time to go home and visit family.
For each state and territory there are also rules about what constitutes continuous service, splitting long service entitlements, "cashing out" long service entitlements and employer exemptions to paying the entitlements when an employee is terminated. For answers to questions not covered here, I advise readers to either check these questions with your HR department or a union delegate or the relevant industrial relations department in your state or territory. You should also check your contract, award or Australian Workplace Agreement.
Federal
Under the Federal Award an employee is entitled to 13 weeks leave after 15 years of service. Employees are entitled to a pro rata payment if they leave an employee an organisation after 10 years continuous service.
Queensland
In Queensland, employees are entitled to 8.667 weeks leave after 10 years of service and are to be paid a pro rata amount if they leave after seven years of service. For more information go to Queensland government - Department of Industrial Relations at http://www.dir.qld.gov.au/
NSW
Employees are entitled to two months leave after 10 years continuous service. A pro-rata payment is payable after five years continuous service if the employee resigns as a result of illness, incapacity, domestic or other pressing necessity, is dismissed for any reason except serious and wilful misconduct or dies. Go to the NSW Department of Commerce Industrial Relations portal http://www.industrialrelations.nsw.gov.au/
Victoria
Victorian employees are entitled to 13 weeks leave after 15 years of continuous service and will receive a pro rata payment after10 years of service. For more information go to Industrial Relations Victoria - www.irv.vic.gov.au/
South Australia
Employees are entitled to 13 weeks leave after ten years service. He or she is entitled to 1.3 weeks for each completed year of service if they leave or are terminated after seven years of service and less than 10 years of service. Depending on the reason for termination, it is possible the employer will not have to pay long service leave.
Employees who work past 10 years are then entitled to 1.3 weeks for each completed year after 10 years service. It is not clear if this has a limit. For more information visit the South Australian Government's Employment Relations Information Centre at http://www.eric.sa.gov.au/home.jsp
Tasmania
Employees are entitled to long service of 13 weeks after providing 15 years continuous service. http://www.tas.gov.au/ and type long service leave in the keyword.
Western Australia
Employees are entitled to 13 weeks long service leave after 15 years of service and a pro rata payment after 10 years of service. Go to the Western Australian Government agencies website and scroll down to Industrial Relations. Here is the website address: http://www.wa.gov.au/agencies.html
ACT
Employees are entitled to three months leave after 10 years of service and a pro rata payment after seven years service. 'For more information try the Industrial Relations section of the Public Sector Management site at http://www.psm.act.gov.au/
Northern Territory
Employees are entitled to 13 weeks long service after 10 years continuous service or a pro rata payment after seven years. Go to the Northern Territory Government Industrial Relations website at http://www.nt.gov.au/ntg/indrels.shtml
By Kate Southam, Editor of careerone.com.au