In this series of posts we look at the concept of ‘long service leave’ (LSL) within each respective State and Territory. If you’re thinking about what entitlements you have to LSL and pro-rata, you’ve come to the right place.
For an overview of Long Service Leave entitlement click here
LSL entitlements in WA is governed by the Long Service Leave Act 1958 (amended 4 July 2006) (‘the Act’). The Act outlines;
- LSL entitlements as 8 ⅔ weeks of paid leave after 10 years of continuous employment in the same business. For every five years of continuous employment after the initial 10 years, you are entitled to 4 ⅓ weeks of paid LSL.
Pro-rata entitlement is also to be paid out after 7 years of departure. Moreover, if an employee has maintained 7 – 10 years of continuous service, the LSL owed to them is calculated on a pro rata basis for the entire period of employment – including years, months and days. However, if the employee leaves after working 10 or more years, the payment is calculated from only the years completed.
LSL ceases to accrue if an employee takes unpaid Parental Leave or Leave without Pay – however the Act allows for it to accrue if workers compensation is taken, specifically the first 15 working days.
Still unsure what you’re entitlements are? Contact a LawPath consultant on 1800LAWPATH to learn more about Long Service Leave.