Olivia is the Head of Legal at Lawpath, where she helps Australian businesses navigate complex legal challenges with practical, commercially minded advice. She specialises in employment matters, contract drafting, pre-litigation strategy, dispute resolution, commercial law and startup compliance, and has supported clients across technology, healthcare, professional services and retail. Olivia is passionate about making legal services accessible, personable and effective for every client.
Long service leave is something that is different from state to state. If you are living in New South Wales, then this post will help you understand what you are entitled to and how to use it to your benefit.
Governed by the Long Service Leave Act 1955 (NSW), long service leave can help you take a much needed and well-deserved break from your 9 to 5.
Who can claim long service leave in New South Wales?
In NSW full-time, part-time and casual workers can claim long service leave if you have worked with the same employer. They are entitled to 2 months (8.6667 weeks) paid long service leave when they have completed a continuous period of 10 years service.
Additionally, you can claim more paid leave after each additional period of 5 years of service with the same employer. These entitlements should be clearly set out in your employment contract.
Can I take a break and still claim long service leave?
Sometimes a break will not affect the continuity of a workers service but will not count when calculating the length of service, for example, a period of parental leave.
However, if you are absent from work due to an illness of injury then it will not affect the continuity or calculation of long service leave in NSW.
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What is the Pro-rata entitlement?
If you have worked for five years (but less than 10) with the same employer you may be entitled to a pro-rata long service leave. You will be entitled to a payment for pro-rata long service leave if you resign on account of illness, necessity or incapacity.
Can my long service leave be cashed out?
Long service leave cannot be cashed out. The long service entitlement must be taken as leave.
However, if you have not taken leave and your employment is terminated after 10 years, you will be paid in lieu of the leave.
Key Takeaways
A long service leave claim can help you recharge and refocus. So, if you have worked for a company or business for over 10 years, you should consider taking a well-deserved break.
If you would like to know more about how long service leave in New South Wales affects you, you can hire an experienced Lawpath lawyer to guide you through your application.
