 Home Industrial Leave Information
Long Service Guide
GUIDE TO THE
LONG SERVICE LEAVE
(STATE EMPLOYEES)
ACT 1994
Employers and the TCEEA have agreed to mutually abide by the above act and not the Long Service Leave (Private Employees) Act 1976.
Common Questions
Can I work while on long service leave?
There is no prohibition in the 1994 Act, as there was in the 1950 Act, which
said that employees could not work in paid employment without authorization.
Can I be paid for long service leave, rather than take it?
No. The entitlement is to a period of long service leave, for which the normal salary is payable (except for retirement - see next question).
Do I have to take long service leave prior to retirement?
No. On retirement, an allowance is payable for unused long service leave
credits up until the retirement date.
After my first period of leave, is there a waiting period before I can take additional long service leave?
No. If one term's notice is given, then leave may be granted (or refused).
Can I be asked to take long service leave?
Normally no. However you are not allowed to accrue more than 100 days of
long service leave. Accordingly a full timer n\must take some long service
leave at least every fifteen years.
What is continuous employment?
Continuous employment determines when an employee will become eligible to take long service leave. It includes:-
any period of work or approved leave;
absence up to 3 years while on RBF pension;
absences up to 12 months resulting from stand-downs or redundancy;
absences up to 3 months between appointments or transfers; (which may include resignations due to domestic necessity).
periods of appointment to contract positions;
rostered days off.
What is meant by length of employment?
Length of employment determines the quantum of leave, being part of employment that counts in calculating an entitlement. If, for example, an employee id in continuous employment for a period of 10 years, but has been granted leave of absence without pay for one of those years, the employee has a length of employment of only 9 years, but has maintained continuous employment for 10 years.
Length of employment includes:-
periods of approved leave, including sick leave (not exceeding 61 days) taken because of pregnancy and child birth (i.e. paid maternity leave);
leave of absence for service in a defence force or injury;
prescribed holidays;
any period during which the employee is the holder of a government scholarship;
leave without pay up to 20 days in each year.
It does not include:
employment after 65 years of age;
absences while in receipt of Workers' Compensation, or due to ill-health but without Workers Compensation;
absences due to stand-down or redundancy;
leave without pay, which in total, exceeds 20 days in each year.
Note: Where a period of leave (e.g. maternity leave) extends beyond the anniversary
of a year of service into another, a further 20 days counts.
Under what circumstances do I receive payment for accrued long service leave?
If an employee completed 10 years of continuous service, then they would be
paid fully for their accrued leave if they ceased employment for any reason or died. If they do not have 10 years continuous employment, but do have at least 7 years, then they would be paid if they cease work because of ill-health, a domestic or other pressing necessity, retirement, redundancy or dismissal for any other reason than serious wilful misconduct.
Can I take long service leave in advance?
No. There is no entitlement until an employee has completed 10 years of continuous employment. Only after that time can leave be granted.
Are casual employees covered by the Act?
Yes, as long as they are continuously employed. The Act does not refer to
casuals, but the definition of part-time employee includes everyone who is "in
other than full-time employment".
Can I take half-pay for double time?
The new agreement may allow this to happen under certain circumstances. please check with the union office
How are part-days treated?
In converting from calendar to working days, the calculations will produce a range of decimal possibilities, but is not possible to take (say) .8457 of a day. For administrative simplicity, this guide suggests limiting the calculation to
two decimal points and rounding to the nearest half-day. (See Accrual - page 2).
Long Service Leave
1. Entitlement to leave
An employee is entitled to long service leave after completing 10 years of continuous employment. The Act applies to full-time and all other employees e.g. part-time and casual.
2. Accrual
Full-time employees are credited with 6.5 days for each year of continuos employment. In effect, a day of long service leave is accrued for every 40 days worked.
Part-time employees are credited with a pro-rata entitlement of the 6.5 days, calculated by reference to the actual days worked in that year.
Employees who terminate during a leave year are credited with a pro-rata credit for that part-year.
3. Applying for leave
Applications for long service leave should be submitted at least one term before the proposed commencement date, or as per school practice unless exceptional circumstances exist.
4. Granting of leave
Heads of Agency (or delegate), or other prescribed authorities, must grant or refuse the application within one month, and may grant all, part or none of the leave. The minimum period of leave is 15 days, unless exceptional circumstances exist.
5. Refusal of leave
If leave is refused at the time requested, a period of leave must be granted within 2 years. The period granted must be the greater of 15 days or half the current entitlement.
6. What is continuous employment?
Continuous employment determines when an employee will become eligible to take long service leave. It includes:-
any period of work or approved leave;
absences up to 3 years while RBF pension;
absences up to 12 months resulting form stand-downs or redundancy;
absences up to 3 months between appointments or transfers; (which may include resignations due to domestic necessity).
periods of appointment to contract positions;
rostered days off.
7. Length of Employment
The length of employment determines the quantum of leave, being part of employment that counts in calculating entitlement. If, for example an employee is in continuous employment for a period of 10 years, but has been granted leave of absence without pay for one of those years, that employee has a length of employment of only 9 years, but has maintained continuous employment for 10 years.
Length of employment includes:-
periods of approved leave, including sick leave (not exceeding 61 days) taken because of pregnancy and child birth (i.e. paid maternity leave);
leave of absence for service in a defence force or on a jury;
prescribed holidays;
any period during which the employee is the holder of a government scholarship;
leave without pay up to 20 days in each year.
It does not include:
employment after 65 years of age;
absences while in receipt of an RBF pension, or due to ill-health but without a RBF pension;
absences due to stand-down or redundancy;
leave without pay which in total, exceeds 20 days in each year.
Note: Where a period of leave (e.g. maternity leave) extends beyond the anniversary
of a year of service into another, a further 20 days counts.
8. Portability
Long Service Leave is fully transferable between Catholic schools in Tasmania.
Since 1992 an agreement has been in effect whereby workers, who have been employed interstate in Catholic Education are able to transfer all continuous service.
9. Retirement
The age of retirement is the age prescribed by the Act under which the person is employees, or if no age is prescribed, at least 55 years.
Since continuous service ceases when an employee reaches 65, the age for retirement may be anywhere between 55 and 65 years.
The final part-year is taken into account calculating the allowance; however it is calculated only to the day the employee leaves employment, not to the end of the national leave period. An employee who reaches 65, should be paid a pro-rata allowance at that time (if eligible), since no additional entitlement can accrue.
10. Pro-rata allowances
If an employee completes 7 years continuous employment, they may be entitled to a pro-rata allowance if they:-
cease employment because if ill-health;
resign because of domestic or other pressing necessity;
retire, are made redundant or are dismissed for any reason other than serious and wilful misconduct;
die
Whether a particular case constitutes a "pressing or other domestic necessity" depends on the particular facts. Some examples follow, but the list is not exhaustive:-
moving to another location to be married;
relocating due to transfer of a spouse;
full-time care of a child or sick relative;
Supporting documentation (eg doctor's certificate, or a letter from spouse's employer)is required.
11. Accumulation of leave
A person who commences employment after the Act comes into effect is not permitted to accrue over 100 days of long service leave. Accordingly, a full-timer must take some long service leave at least every 15 years.
Special allowance is made for employees who, at the commencement of the Act, had more than 65 days -
(a) between 65 - 100 days, three years to reduce the accrual to a maximum 100
days.
(b) over 100 days, five years to reduce the accrual to 100.
12. Forfeiture
Apart from the special conditions applying to existing accruals, an employee forfeits any entitlement in excess of 100 days. The excess will be predictable some time in advance. Nevertheless, employees need to be warned of the danger of forfeiture when the annual calculation is made, but the Act implies that at any time when the 100 days is exceeded, the leave is forfeiture.
An employee may seek Ministerial approval to retain the excess. However, it is expected that the Minister would only grant permission in exceptional circumstances and impose conditions (for example, a time limit to reduce the excess) on the permission. Should the Minister not grant approval, the employee can apply to the Tasmanian Industrial Commission for an order under Section 21.
There is no ser form to be used. A letter outlining the reason for the application, together with any supporting documentation, would suffice.
13. Part-time employees - unpaid leave
A part-time employee is entitled to be credited with both paid and unpaid leave to an equivalent of 6.5 days per year. The quantum of paid leave days will depend on the hours or days worked.
The unpaid leave provisions only apply to a part-time employee, that is, an employee who is employed in the continuous part-time employment. A full-time employee who happens to work less than a full year because of leave of absence in not a part-time employee.
The unpaid leave is the balance between paid leave credited for the year and 6.5 days. A State authority will need to keep a record of paid and unpaid leave credited to each part-time employee. It is intended that part-time employees take leave in a similar pattern to their normal working arrangements, taking proportionate periods of paid leave, although this intent has not been prescribed.
Example:- If "employee A" works 2 days a week for ten years, a paid leave
entitlement of (2/5 5 6.5 5 10) 26 days arises. "Employee A"
would also be entitled to 39 days of unpaid leave.
14. Casual employees
Specific reference to casual employees has not been included in the Act, which covers full-time and part-time employees, whether casual, contract, permanent or temporary. The relevant criteria for establishing an entitlement are continuity and length of employment.
15. Salary
Subject to specified exclusions, salary includes remuneration for duties relating to an employee's permanent position.
Increments are payable during periods of long service leave.
Salary excludes overtime and shift allowances, availability, stand-by, and call-back allowances, as well as higher duties and more responsible duties allowances. Exclusions are fully listed in Section 4 (2).
Salary for the full period of long service leave is to be paid in advance, if requested by the employee.
16. Sick leave
Long Service Leave is in addition to any sick leave to which an employee is entitled.
An employee is entitled to have their Long Service Leave, if they provide a medical certificate relating to that sickness.
17. Defence Leave
The length of employment of an employee includes leave taken for the purpose of serving as a member of Australia's defence forces. It is intended that it includes:-
compulsory attendance at annual training (14 working days per year).
Voluntary attendance at other training (16 days per year).
Actual war service following enlistment or call up.
Leave taken without pay for service in the defence forces other than listed above will be covered by section 11 (2)(g) or 11 (3)(d).
18. Keeping of Records
The Secretary determines the records which a State authority shall maintain. The Secretary requires the following information to be kept in respect of each employee.
commencement and termination dates;
(b) days worked by full-time employees; days and hours worked by part-time
employees;
details of any leave without pay or any period of absence in each year,
whether it affects length of employment;
notional or actual long service leave accrued in respect of each year of
continuous employment;
the total number of paid days of long service leave accrued and taken;
(f) the total number of unpaid days taken and accrued in respect of part-
timers.
Where an employee takes up a position with another State authority, the records to be kept under the Act are to be transferred to the authority. Long Service leave records can be incorporated into any other employment records.
Contact Details
Tasmanian Catholic Education Employees Association
Ph: (03) 6234 9970
Fax: (03) 6234 9505
Email: angbriant@tassie.net.au
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