Long service leave applies to most NSW employees who are full-time, part-time or casuals.
If you have been working for the same employer for 10 years you are entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage under the Long Service Leave Act 1955 (the Act).
The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:
- incapacity or
- domestic or other pressing necessity.
If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.
The Act also provides for a pro-rata entitlement after five 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.
Special conditions may apply to workers in the building and construction industry and employees of cleaning contractors.
For more information contact the Long Service Corporation.
If you were previously covered by a Federal award or agreement that provided long service leave arrangements, these may still apply. You will need to contact Fair Work Ombudsman on 13 13 94.
Info Talk Series: Long Service Leave