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Workplace Standards > Resources > Law > Long Service Leave

Long Service Leave

Long Service Leave

Long service leave is a leave entitlement granted to employees for 'long service' to an employer.  Entitlements are contained in state legislation, federal awards or agreements.

In Tasmania the main legislation covering employees in the private sector is the Long Service Leave Act 1976.

If a federal award or agreement applies to your business, check with Fair Work on 13 13 94 or go to www.fairwork.gov.au  It is important to note that even if your business is subject to a federal award, you may still be covered by the Long Service Leave Act 1976.

Long Service Leave Guide

Changes to the Act

New long service leave entitlements, effective from 1 July 2012 are listed below:

  • 8.66 weeks long service leave in respect of the first 10 years of continuous employment; and
  • 4.33 weeks long service leave in respect of each additional 5 years of continuous employment

The rate long service leave is accrued continues to be 0.8667 weeks per year of service.

Transition arrangements for the new entitlements are as follows:

  • Workers who have completed 12 or more years of continuous employment as at 1 July 2012 will immediately be able to take their long service leave entitlement if they wish, subject to the needs of their employer's business
  • Workers who have completed 9 or more years but less than 12 years as at 1 July 2012 of continuous employment will have to wait until 1 July 2013 before they can take their leave, subject to the needs of their employer's business

This does not prevent a worker with 10 or more years of continuous employment from receiving their long service leave entitlements in the event that the worker leaves their employment or dies during the period 1 July 2012 to 1 July 2013.

Pro-rata long service leave

For an employee covered by the Long Service Leave Act 1976 to be entitled to a pro-rata payment on leaving their employment, they would need to have either:

  • 10 years continuous service or more with their employer, or 
  • 7 years service (5 for mining employees) but less than 10 years and be leaving due to illness, incapacity, domestic or other pressing necessity of such a nature to justify termination, or attained the age of retirement, or be an employee whose employment is terminated by his employer for any reason other than the serious and wilful misconduct of the employee.

For more information please refer to the Long Service Leave Guide.

Legislation

Long Service Leave Act 1976

Long Service Leave (State Employees ) Act 1994

Construction Industry (Long Service) Act 1997  (administered by Tasbuild)

Long Service Leave (Casual Wharf Employees) Act 1982

Contact us

Helpline: 

Phone:  1300 366 322 (Inside Tasmania)
(03) 6166 4600 (Outside Tasmania)

Mail:

Workplace Standards Tasmania
PO Box 56
ROSNY PARK  7018

Email: wstinfo@justice.tas.gov.au 

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workplacestandards.tas.gov.au 1300 366 322

(03) 6166 4600 (outside Tas.)

wstinfo@justice.tas.gov.au