Long service leave is paid at the current ordinary rate (i.e. excluding overtime and penalty payments) for the period of the leave. If an employee is paid above the award rate then the long service leave is to be paid at the higher rate.
Use this table to calculate long service leave entitlements for employees who started employment before 3 June 2001 and had less than 15 years service as at that date.
The phasing-in provisions in this table are not applicable to the calculation of pro rata long service leave payable on termination of employment. Please use TABLE 2 for the calculation of pro rata long service leave.
1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
Years of service as at 3 June 2001 | Years of service reduced to two-thirds to allow phasing-in | Additional years of service that must be worked before leave can be taken | Total years of service worked before leave can be taken | Total weeks leave entitlement when qualifying period reached |
0 | 0.0000 | 10.0000 | 10.0000 | 8.6667 |
1 | 0.6667 | 9.3333 | 10.3333 | 8.9556 |
2 | 1.3333 | 8.6667 | 10.6667 | 9.2445 |
3 | 2.0000 | 8.0000 | 11.0000 | 9.5334 |
4 | 2.6667 | 7.3333 | 11.3333 | 9.8222 |
5 | 3.3333 | 6.6667 | 11.6667 | 10.1112 |
6 | 4.0000 | 6.0000 | 12.0000 | 10.4000 |
7 | 4.6667 | 5.3333 | 12.3333 | 10.6889 |
8 | 5.3333 | 4.6667 | 12.6667 | 10.9778 |
9 | 6.0000 | 4.0000 | 13.0000 | 11.2667 |
10 | 6.6667 | 3.3333 | 13.3333 | 11.5556 |
11 | 7.3333 | 2.6667 | 13.6667 | 11.8445 |
12 | 8.0000 | 2.0000 | 14.0000 | 12.1334 |
13 | 8.6667 | 1.3333 | 14.3333 | 12.4222 |
14 | 9.3333 | 0.6667 | 14.6667 | 12.7112 |
15 | 10.0000 | 0.0000 | 15.0000 | 13.0001 |
To calculate long service leave under these 'phasing in' provisions, service before 3 June 2001 is reduced to two-thirds of its total. The difference between this reduced service and 10 years is the period after 3 June 2001 that must be worked before leave is due. This subsequent period of service is added to the actual service before 3 June 2001 and the total is multiplied by 0.86667 weeks leave for each year (and fraction of a year) to calculate the amount of leave owing.
The following examples illustrate this method.
Example 1
An employee has completed 1 year of service immediately before 3 June 2001. The 1 year counts as 0.6667 (i.e. two-thirds x 1) years continuous service for working out when the employee may take long service leave.
The employee may take leave after completing another 9.3333 (0.6667 + 9.3333 = 10) years continuous service. This means they will be entitled to take leave only after they have achieved a total of 10.3333 (i.e. 1 + 9.3333) years continuous service. The employee's entitlement at that time will be 8.9556 weeks (i.e. 10.3333 x 0.86667 weeks).
Example 2
An employee has completed 10 years service immediately before 3 June 2001. The 10 years count as 6.6667 (i.e. two-thirds x 10) years continuous service for working out when the employee may take long service leave.
The employee may take leave after completing another 3.3333 (6.6667 + 3.3333 = 10) years continuous service. This means they will be entitled to take leave only after they have achieved a total of 13.3333 (i.e. 10 + 3.3333) years continuous service. The employee's entitlement at that time will be 11.5556 weeks (i.e. 13.3333 x 0.86667 weeks).
Example 3
An employee has completed 13 years service immediately before 3 June 2001. The 13 years count as 8.6667 (i.e. two-thirds x 13) years continuous service for working out when the employee may take long service leave.
The employee may take leave after completing another 1.3333 (8.6667 + 1.3333 = 10) years continuous service. This means they will be entitled to take leave only after they have achieved a total of 14.3333 (i.e. 13 + 1.3333) years continuous service. The employee's entitlement then will be 12.4222 weeks (i.e. 14.3333 x 0.86667 weeks).
These provisions would not reduce any entitlement that an employee has already accumulated (e.g. leave for employees with 15 years or more service) prior to 3 June 2001.
Note: View more extensive examples on calculation of leave entitlements.
The phasing-in provisions outlined above, where only two-thirds of an employee's continuous service completed before 3 June 2001 counts as continuous service, do not apply to the calculation of pro rata long service leave payments made on termination of employment. In calculating pro rata long service leave payments to be made on termination of employment all continuous service by an employee is taken into account.
TABLE 2Use this table to calculate:
This table may also be used to calculate leave for a further period of employment after becoming entitled to a first period of long service leave (see examples 2 and 5 below).
| Completed months | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | |
Completed years | ||||||||||||
0 | - | 0.0722 | 0.1444 | 0.2167 | 0.2889 | 0.3611 | 0.4333 | 0.5056 | 0.5778 | 0.6500 | 0.7222 | 0.7944 |
1 | 0.8667 | 0.9389 | 1.0111 | 1.0834 | 1.1556 | 1.2278 | 1.3000 | 1.3723 | 1.4445 | 1.5167 | 1.5889 | 1.6611 |
2 | 1.7333 | 1.8055 | 1.8777 | 1.9500 | 2.0222 | 2.0944 | 2.1666 | 2.2389 | 2.3111 | 2.3833 | 2.4555 | 2.5277 |
3 | 2.6000 | 2.6722 | 2.7444 | 2.8167 | 2.8889 | 2.9611 | 3.0333 | 3.1056 | 3.1778 | 3.2500 | 3.3222 | 3.3944 |
4 | 3.4667 | 3.5389 | 3.6111 | 3.6834 | 3.7556 | 3.8278 | 3.9000 | 3.9723 | 4.0445 | 4.1167 | 4.1889 | 4.2611 |
5 | 4.3333 | 4.4055 | 4.4777 | 4.5500 | 4.6222 | 4.6944 | 4.7666 | 4.8389 | 4.9111 | 4.9833 | 5.0555 | 5.1277 |
6 | 5.2000 | 5.2722 | 5.3444 | 5.4167 | 5.4889 | 5.5611 | 5.6333 | 5.7056 | 5.7778 | 5.8500 | 5.9222 | 5.9944 |
7 | 6.0667 | 6.1389 | 6.2111 | 6.2834 | 6.3556 | 6.4278 | 6.5000 | 6.5723 | 6.6445 | 6.7167 | 6.7889 | 6.8611 |
8 | 6.9333 | 7.0055 | 7.0777 | 7.1500 | 7.2222 | 7.2944 | 7.3666 | 7.4389 | 7.5111 | 7.5833 | 7.6555 | 7.7277 |
9 | 7.8000 | 7.8722 | 7.9444 | 8.0167 | 8.0889 | 8.1611 | 8.2333 | 8.3056 | 8.3778 | 8.4500 | 8.5222 | 8.5944 |
10 | 8.6667 | 8.7389 | 8.8111 | 8.8834 | 8.9556 | 9.0278 | 9.1000 | 9.1723 | 9.2445 | 9.3167 | 9.3889 | 9.4611 |
11 | 9.5333 | 9.6055 | 9.6777 | 9.7500 | 9.8222 | 9.8944 | 9.9666 | 10.0389 | 10.1111 | 10.1833 | 10.2555 | 10.3277 |
12 | 10.4000 | 10.4722 | 10.5444 | 10.6167 | 10.6889 | 10.7611 | 10.8333 | 10.9056 | 10.9778 | 11.0500 | 11.1222 | 11.1944 |
13 | 11.2667 | 11.3389 | 11.4111 | 11.4834 | 11.5556 | 11.6278 | 11.7000 | 11.7723 | 11.8445 | 11.9167 | 11.9889 | 12.0611 |
14 | 12.1333 | 12.2055 | 12.2777 | 12.3500 | 12.4222 | 12.4944 | 12.5666 | 12.6389 | 12.7111 | 12.7833 | 12.8555 | 12.9277 |
15 | 13.0000 | - | - | - | - | - | - | - | - | - | - | - |
PLUS
Completed days | |||||||
|---|---|---|---|---|---|---|---|
0 | 1 | 2 | 3 | 4 | 5 | 6 | |
Completed weeks | |||||||
0 | - | 0.0024 | 0.0048 | 0.0072 | 0.0095 | 0.0119 | 0.0143 |
1 | 0.0167 | 0.0191 | 0.0215 | 0.0238 | 0.0262 | 0.0286 | 0.0310 |
2 | 0.0333 | 0.0357 | 0.0381 | 0.0404 | 0.0428 | 0.0452 | 0.0476 |
3 | 0.0500 | 0.0524 | 0.0548 | 0.0571 | 0.0595 | 0.0619 | 0.0642 |
4 | 0.0667 | 0.0691 | 0.0715 | 0.0738 | - | - | - |
Entitlements accruing before 3 June 2001
The qualifying period for long service leave entitlements for casual or regular part-time employees is the same as that for full-time employees (i.e. leave is due after 10 years continuous service or taking into account the Act's phasing in provisions such longer period before accessing time off and pro rata payment on termination after 10 years or after 7 years continuous service for the instances detailed in the Act). However, the number of hours leave due and the amount payable at that due date will be determined by taking into account the reduced hours worked by casual or regular part-time employees.
The number of hours leave to which a casual or regular part-time employee is entitled is calculated by dividing the total ordinary hours worked during the period of service by 52, and multiplying this amount by 8.6667/10 (8.6667 weeks long service leave is due after 10 years service).
Example of Calculation
A casual or regular part-time employee who worked 15,600 ordinary hours during a 10 year period of service and was paid an hourly rate of $12 at the time of taking leave would be entitled to be paid:
(15600 | x | 8.6667) | x $12 |
= $3,120.01
|
( 52 | 10 ) |
If the employer and the casual or regular part-time employee agree, the entitlement can be taken in the form of a full-time equivalent. Where an award provides for a 40-hour week, 260 hours leave could be taken as 6½ weeks leave.
The long service leave entitlement for an employee who was a casual or regular part-time employee at any time during their continuous service is also calculated using the method outlined above. The total ordinary hours used in the calculation will include both the hours while employed as a full time employee as well as those while employed as a casual or regular part-time employee.
If an employee is entitled to receive an amount representing commission in the employee’s long service leave payment, the Industrial Relations Act 1999 stipulates the employer must pay the default average commission unless:
The Act defines default average commission as:-
Some industrial instruments contain a formula specific to their industry e.g. property sales, motor vehicle sales.