A worker who has completed 10 years of service is entitled to 13 weeks long service leave. A further 1.3 weeks leave (9.1 calendar days) is granted for each completed year of service thereafter.
To work out your entitlement you will need to know:
- your employment start date
- your projected long service leave date or termination date
- any periods of leave without pay
- any periods of long service leave already taken
- any absences due to a work related injury.
Remember to deduct any service that does not count towards long service leave. For example, if you took 3 weeks unpaid leave (excluding sick leave) during the 10 years of service, you would need to work 10 years and 3 weeks before being eligible for your full long service leave entitlement.
A worker is eligible for a pro-rata payment if they leave their employment between 7 and 10 years.
Mix of full-time and part-time service
A worker may work a mix of full-time and part-time hours during their 10 years of continuous service. However, the long service leave rates are determined by the 3 years immediately preceding the worker taking leave.
Same hours during the immediate 3 years prior to taking leave
In the 3 years immediately preceding taking leave, if you have worked only full-time hours or only fixed part-time hours you are entitled to take 13 weeks leave paid at the same rate per week and for the same number of hours per week as you would if you were at work. See full-time or part-time for calculations.
Example - Current full-time worker
When Alex started work with his company he worked fixed part-time hours as he was also studying part-time. Alex worked part-time for 5 years. Upon completing his studies, Alex moved to a full-time position within the company.
Despite Alex working half of his continuous service as a part-time worker, his long service leave will be calculated and paid as a full-time worker as he has worked full-time for the preceding 3 years of service.
Therefore, Alex is entitled to 13 weeks long service leave paid at his current ‘ordinary weekly rate of pay’.
Example - Current part-time worker
When Kai started work with his employer he worked full-time. After working for 6 years Kai wanted to take up studies at university. His employer allowed Kai to move to part-time hours. Over the last 5 years Kai has worked fixed part-time hours while completing his studies. Kai has just completed his final exams and would like to take some leave after 5 years of juggling work and studies.
Despite Kai working 6 years full-time at the start of his career, his long service leave will be calculated and paid as a part-time worker as he has worked part-time for the 3 years immediately prior to taking long service leave.
Therefore, Kai is entitled to take leave based on his fixed part-time hours and paid at his current base hourly rate of pay.
Variable hours during the 3 years immediately prior to taking leave
If you worked a mix of full-time hours and fixed part-time hours, with no additional hours or overtime, over the previous 3 years then your weekly LSL calculation will be:
total number of hours worked over the previous 3 years ÷ 156 (number of weeks in 3 years)
@
current ‘base hourly rate of pay’
Example
It is October. Charley has worked as a mechanic for the one employer for 12 years. She worked part-time for 6 years after returning from maternity leave. When her child started school in February she returned to full-time hours. Charley’s employer has asked her to take some of her long service leave. Charley and her employer have negotiated that she will take one month of her long service leave over February.
To work out Charley’s long service leave entitlement her employer needs to calculate the average number of hours worked based on two years of part-time hours and one year full-time hours (which Charley would have worked come February). Charley’s payment will be based on her current rate of pay.
Allowances
Long service leave is primarily concerned with remuneration for hours worked and payment is based on 'ordinary rate of pay' which excludes penalty rates, overtime and shift premiums. However, the Long Service Leave Act does not specifically mention allowances.
Allowances are generally paid to compensate a worker for expenses or other circumstances incurred for work purposes or in the course of their work, such as a uniform laundry allowance, locality allowance or a car allowance where the worker’s personal vehicle is used for work purposes.
As work-related expenses are not incurred whilst a worker is on leave, it is unlikely that an allowance needs to be paid.
If there is an allowance that you believe should be calculated as part of your 'ordinary rate of pay' please complete our long service leave form to receive a determination by one of our Inspectors.
Step-by-step guide for calculation of long service leave entitlement
Download our Long Service Leave calculation form to help work through this step-by-step guide.
Step 1:
Review worker’s time records for the last 156 weeks (3 years × 52 weeks).
Note down:
- the number of hours worked each week including overtime
- any calendar weeks where the worker was on unpaid leave or was receiving workers' compensation.
Step 2:
After working back the initial 156 weeks, keep working back one (1) week for each week where the worker did not work due to unpaid leave or was being paid through a workers' compensation claim.
Step 3:
Add up all the hours worked in the 156 worked weeks.
Step 4:
Divide this total number of hours by 156.
This will give you the number of hours to be paid per week of long service leave. Do not round this number up or down.
Step 5:
Multiply the number of hours per week by the workers current base hourly rate (including the casual loading).
This will give you the amount the worker needs to be paid per week of long service leave.
Questions about your long service leave?
If you have read all the long service leave information on our website and you still have questions or concerns about your entitlements, please follow the below options.
For employees and employers: If you have further questions about long service leave, please contact our Help Centre by calling 1300 365 255 or emailing help.safework@sa.gov.au
For employees only: If you are a worker and are in a disagreement with your employer regarding long service leave, please submit a Long Service Leave claim form.