Long service leave - what are my rights?

Posted on
May 4, 2023

Here's what you need to know

Long service leave (LSL) is a workplace right won by union members so you can be rewarded for your years of service with an employer. It’s important to know about your rights to LSL so you can make sure you’re being treated fairly for the hard work you do.

All workers are entitled to LSL after 10 years of continuous employment. However, if you’re away due to maternity leave, termination, or leave without pay then that time away will not contribute towards your accrual of LSL.

Your entitlement is 8 and 2/3 weeks of leave, which is to be paid at your ‘ordinary pay’. In other words, ordinary pay is the normal wage you make when you’re at work. This can include shift penalties, loadings, and some allowances.

You’re still entitled to long service leave as a casual, but only times where you’ve worked at least 32 hours over a four-week period will contribute towards your continuous employment. If you’re a casual, your pay during LSL is usually based on your average wage over the last 12 months.

In some rare circumstances, if you leave your employer after completing 7 years of employment (instead of the usual 10) you might be able to get paid out your LSL as pro-rata – but this depends on a few different things.

If you think you’ve been misinformed about long service leave by your employer or if you’ve got any other questions about what your entitlements are, please have a chat with us on HACSUassist on 1300 880 032 or via email at assist@hacsu.org.au

For more information about this or any other industrial matter, members should contact HACSUassist on 1300 880 032 or email assist@hacsu.org.au or complete our online contact form