Long service leave is something that is different from state to state. If you are living in Western 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 1958 (WA) , 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 Western Australia?
Long service leave is a type of paid leave that full time, part time and casual employees can take. LSL becomes available after an employee has worked for an employee for a long period of time.
How much Long Service Leave can I get in Western Australia?
In Western Australia, an employee needs to be working for the same employer for over 10 years.
Entitlements equate to 8 ⅔ weeks of paid leave. This applies after having completed 10 years of continuous employment in the same business. An additional 4 1/3 weeks of paid leave for every 5 year period after. These entitlements should be clearly set out in your employment contract.
Can I claim Pro-rata?
After 7 years of service, pro rata entitlements are available to you if you terminate your employment. As a result, employees who have completed between 7 to 10 years of service will have the entirety of their employment calculated pro rata.
It is important to note that if an employee takes unpaid parental leave or leave without pay, long service leave will not accrue. In addition to this, it can accrue if workers compensation applies, specifically the first 15 working days.
Long Service Leave for casual employees
In Western Australia long-term casual employees can take long service leave. Further, a casual employee can be paid out of their long service leave entitlements where they are eligible and terminate their employment.
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How to take leave
An employer and employee should discuss the appropriate time for an employee to take their long service leave. Generally, when this leave falls due, an employee should take this leave as soon as is reasonably practical.
Further, an employee should give at least 2 weeks notice of their intention to take leave. An employer cannot refuse a request for long service leave if the entitlement has existed for 12 months or more.
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 Western Australia affects you, you can hire an experienced Lawpath lawyer to guide you through your application.
