Long service leave is something that is different from state to state. If you are living in South Australia, 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 1987 (SA), 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 South Australia?
Most workers in South Australia are entitled to long service leave under the relevant legislation regardless of their employment status. Any private sector worker, local government employee or casual staff can claim a long service leave entitlement.
Who is not covered under South Australian Legislation?
There are a few areas where the South Australian long service leave legislation does not apply, in these cases you must contact the Fair Work Ombudsman to ensure your entitlements.
- South Australian and Commonwealth public sector employees;
- workers in the construction industry and covered under the Construction Industry Long Service Leave Act 1987 (SA);
- workers explicitly covered under another Act;
- workers who have a pre-modernised award (in place before 1 January 2010); or
- workers who have a long service leave entitlement under a relevant Agreement or Award.
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How much leave can I get in South Australia?
Regardless of whether you are full-time, part-time or casual, you can be entitled to 13 weeks of long service leave after completing 10 years of continuous service. After a worker has reached over 10 years of service they are entitled to;
- 13 calendar weeks leave; and
- 1.3 weeks (9.1 days) leave in respect of each subsequent year of service.
Pro-rata leave entitlement in South Australia
A pro-rata long service leave entitlement is when a worker is paid a lump sum in lieu of leave. This type of entitlement is available when a worker has completed at least 7 years of continuous service and their employment has been terminated. However, a worker is not entitled to a pro-rata payment if their employment is terminated on the basis of serious and wilful misconduct.
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 South Australia affects you, you can hire an experienced Lawpath lawyer to guide you through your application.
