Long service leave frequently asked questions

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Types of work absences that count towards long service leave

Generally, the only periods of absence from work which count as continuous service to determine a long service leave entitlement are periods of paid leave. Periods of absences on WorkCover also count as continuous service to determine a long service leave entitlement.

Long service leave does not accumulate during parental leave.

Work absences that break the continuity of service

The long service leave entitlement is based on a period of continuous service. Continuity of service may be broken by certain absences from work with the result that an employee loses the long service leave entitlement accrued for the continuous service prior to the absence. However, periods of absence from work due to the following do not break continuity of the employee's service:

absence from work on leave (paid or unpaid) granted by the employer, including such absences through illness or injury;
termination of the employee's service because of illness or injury, provided the employee is re-employed by the same employer and the employee has not engaged in other work during the absence;
termination of the employee's employment if the employee is re-employed by the same employer within three months; and
interruption or termination of an employee's service by the employer due to an industrial dispute or slackness in business or trade if the employee is re-employed by the same employer.

When long service leave is transferable from one employer to another

The Industrial Relations Act 1999 (PDF, 1.9MB) provides for certain leave entitlements to transfer from one employer to another when a transfer of a calling takes place. For example, when a business changes hands or is sold and the new employer continues to employ any existing staff, responsibility for long service leave entitlements accumulated with the previous employer transfers to the new employer.

A 'transferred' employee is entitled to all long service leave accumulated for the total period of their employment - including long service leave accumulated with the previous employer.

The transfer of entitlement also occurs if an employee is dismissed at the time the business changes hands or within the preceding month and is subsequently employed by the new employer within three months.

Public holidays that fall within a period of long service leave

Long service leave is exclusive of public holidays. Therefore any public holidays falling within a period of long service leave must be added to the leave.

When you can take long service leave

The time and manner of taking long service leave should be agreed between the employer and employee. Where agreement can't be reached, the employer can - with at least three months written notice - require an employee to take at least four weeks long service leave.

'Cashing in' your long service leave

If permitted under their industrial instrument (e.g. an award or agreement approved by the Commission), an employee may make an agreement with their employer to receive payment of all or part of their long service leave entitlement instead of taking the leave. Any such agreement must be in writing and signed by the employee and the employer.

If the employee is not covered by an industrial instrument or if the applicable industrial instrument does not provide for payment of long service leave instead of taking the leave, the employee may make application to the Commission for an order to make such a payment.

The Commission may make such an order only if satisfied that the payment should be made on compassionate grounds or on the ground of financial hardship.

Time and wages records to be kept on long service leave

As long service leave entitlements are based on continuous service it is important that complete and accurate time and wages records are kept by the employer.

An employer is required to keep a record of the total number of ordinary hours worked by each casual employee during the period 1 July to 30 June each financial year.

Portable long service leave

In addition to the long service leave provisions under the industrial relations legislation, portable long service leave is available to building and construction industry employees (apprentices, trainees, casuals and full-time workers) and contract cleaning industry employees. This enables employees to work for many employers and gain their long service leave benefit from the Portable Long Service Leave Scheme. For further information on both these industry schemes contact QLeave toll free on telephone 1800 803 491.

Building and construction industry

Portable Long Service Leave provides long service leave entitlements to workers in the building and construction industry. As the building and construction industry is project driven, it would be impossible for most workers to accrue enough service with one employer to be eligible for long service leave.

Eligible workers who are registered with QLeave receive 1 credit for every day they work to a total of 220 credits per year. After 10 years work or 2,200 credits are recorded, workers will be entitled 8.67 weeks of paid long service leave. This also applies for apprentices and trainees.

Contract cleaning industry

Under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005, effective from 1 July 2005, workers in the contract cleaning industry are eligible to portable long service leave entitlements

Employees in the contract cleaning industry rarely work for one employer long enough to be able to claim paid long service leave. Portable long service leave means workers will get service credits for work in the industry no matter how many employers they work for or projects they work on. These credits are recorded and when workers have built up enough credits, they will be entitled to paid long service leave.

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