How Does MyLeave Work?
In Western Australia, to be entitled to a long service leave benefit you normally need to accrue a minimum of 7 years service with a single employer. However, if you work on-site in the construction industry, you may find yourself working with many employers over the same period. That’s why portable long service leave has been established by Government exclusively for construction industry workers.
MyLeave allows you to carry your long service leave benefits from employer to employer and state to state. So, it doesn’t matter how many employers you’ve worked for, you can still enjoy the long service leave benefits you’re entitled to. All you need to do is register.
Every three months employers report to MyLeave the number of days each worker has worked for them in the construction industry and pay a levy to MyLeave based on a percentage of the employees’ ordinary pay.
MyLeave keeps a record of the days in the construction industry and the ordinary pay for each employee registered with MyLeave.
In WA, for every 220 days accrued, this equates to 1 year of service, meaning 1,540 days are required to reach the pro-rata entitlement.
The number of days required in other states and territories varies, so depending on where you have accrued service, those jurisdictions may have different accrual rates and 1,540 combined service days may not necessarily result in an entitlement if claimed via MyLeave.
Does it cost anything to register?
Show moreNo, it does not cost workers to register with MyLeave. It is compulsory that employers report eligible workers.
Who can register?
Show moreWorkers who are engaged to do on-site work in the construction industry in a prescribed classification of work.
How do I register?
Show moreYou may be automatically registered when an employer includes you on their quarterly return. If you are unsure, complete and submit an Registration Form (opens a new window).
I am working under a working Visa. Can I register for MyLeave?
Show moreYes, your employer is required to report for you. You can register with MyLeave by completing and submitting a Registration Form (opens a new window).
What are the benefits?
Show moreAfter accruing 10 years of service (2,200 service days) with MyLeave workers get 8 2/3 weeks paid long service leave with an additional 4 1/3 weeks leave for each additional 5 years of service after that. Pro rata (proportionate) leave of 6 weeks is available after 7 years of service. Pro rata long service leave can be taken with the approval of your employer.
What happens if I have a break between construction jobs?
Show moreYou can have breaks from the industry of up to two years in the first 5 years of service, and up to 4 years after that without breaking continuous service and without losing any accrued service days. These breaks do not count towards your entitlement accrual.
If a worker breaks their continuous service before reaching a minimum of 7 years of service, then all the service accrued to date is extinguished. No payment can be made to a worker who has accumulated less than 7 years of service regardless of the circumstances. MyLeave has no discretion in the matter.
When can I apply for long service leave?
Show moreAs a worker, once you have accumulated 10 years of service, you are entitled to 8 2/3 weeks paid long service leave.
You can also request a pro rata (proportional) payout after 7 years of service. MyLeave has no discretion and cannot pay out accumulated service for any reason if the minimum period of 7 years has not been achieved.
By claiming a pro rata payment on termination of employment, you will break your service for long service leave purposes. This means that you must work a further 7 years in the construction industry before you once again qualify for any further benefit from MyLeave.
For the initial 10 years of long service leave entitlement (8 2/3 weeks) you can take leave on only 3 occasions and the minimum period of leave is 1 week.
If you move to another State or Territory, your WA service can count in that State towards a long service leave benefit.
You should allow a minimum period of 2-3 weeks for MyLeave to process and approve your claim, this timeframe often increases to 5-6 weeks in peak times like in the lead up to Christmas and Easter.
How do I make a claim?
Show moreJust complete and submit the Application for Payment of Long Service Leave form and provide this to your current or last employer to complete Part 2.
How much do I get paid and who pays me?
Show moreMyLeave pays you at your ordinary rate of pay averaged over your last 220 days of service in the construction industry.
If you are entitled to paid leave, ordinary pay means the rate of pay (disregarding any leave loading) to which you are entitled for annual leave.
Please note that ordinary pay does not include annual leave loading but does include other amounts such as rental allowance, utilities allowance, living away from home allowance etc. – if these allowances are due to you when on paid annual leave.
If you are not entitled to paid annual leave, your ordinary pay is the rate of pay to which you are entitled for ordinary hours of work. For instance, the ordinary rate for casuals will include casual loading, and may include other applicable allowances and weekend work.
How will I get paid?
Show moreLong service leave payments are paid by direct debit into your nominated bank account. Payments are made in a single payment and cannot be paid on a weekly or fortnightly basis.
Can I have my interstate service recognised?
Show moreFollowing an agreement between other long service leave schemes operating in New South Wales, Victoria, Queensland, South Australia, Tasmania, Australian Capital Territory and the Northern Territory; workers can have their interstate service recognised when qualifying for long service leave in Western Australia.
Can apprentices enjoy the benefits?
Show moreYes, service accrued during your apprenticeship must be reported by your employer and will count towards your long service leave accruals. There is no cost to your employer while you are an apprentice.
Can I work after receiving a Long Service Leave payment from MyLeave?
Show moreNo, if you have applied to MyLeave to take leave then you are not able to work for your employer or any other employer during the approved leave period. Penalties may apply if you are found to be working during your approved leave period.
If your employer urgently needs you to attend work, please contact us so that we can provide you with options to assist you with this issue.