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What is Long Service Leave in Queensland? (2019 Update)

What is Long Service Leave in Queensland? (2019 Update)

Have you been with your employer for a long time and want to take some time off? Here's what you need to know about long service leave (LSL) in Queensland.

18th July 2019

If you’ve been working for your employer for a long time, you may be entitled to long service leave. However, the requirements vary from State to State.

In this series of posts we look at the concept of long service leave within each respective State and Territory. Although employment law is generally regulated at a Federal level under the Fair Work Act 2009 (Cth), long service leave is covered under state-based legislation.

In this article, we’ll discuss what long service leave is and how it works in the State of Queensland.

What is long service leave?

When you work for your employer for a long period of time, it makes sense that you should be rewarded with additional leave entitlements. This entitlement is called long service leave. Long service leave is separate from annual leave. This is because it only accrues after a number of years and tends to be longer than annual leave entitlements.

Long service leave is also paid leave. This means that for the time you take off, you’ll still receive your wage or salary. However, you cannot simply remunerated for long service leave if you choose not to take it. This means that you can only receive your leave entitlements by going ‘on leave’. The exception to this is if you have outstanding long service leave entitlements when your employment is terminated. In this case, your employer would have to pay you out for it.

Legislation

Long service leave in Queensland is governed by the Industrial Relations Act 1999 (‘the Act’). The Act outlines that:

  • Most employees are entitled to take 8.6667 weeks of paid long service leave after a period of 10 years’ continuous service
  • After 10 years, you are entitled to to an additional 1 month (or 4.33 weeks) of long service leave. This accrues for every additional 5 years you work for your employer
  • When you’ve been with your employer for more than 15 years, you can access your long service leave as it accrues
  • You may be able to receive a pro-rata payment on termination if you’ve been with your employer for less than 10 years, but more than 7
  • If you’ve been with your employer for less than 7 years, then you won’t have any long service leave entitlements

Pro rata entitlements are paid out after 7 years upon departure (post 3 June 2001), with the exception of a dismissal based on conduct, capacity or performance.

To calculate your long service leave payment within Queensland, click here.

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Author
Dominic Woolrych

Dominic is the CEO of Lawpath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.