Under the WA Long Service Leave Act, when a full time, part time, casual or seasonal employee completes 10 years of continuous employment, they accrue an entitlement to 8.667 weeks of paid long service leave. An employee will then accrue a further 4.333 weeks of long service leave for every 5 years of continuous employment after the initial 10 years.
| Length of continuous employment | Long service leave an employee can take |
|---|---|
| At least 10 years, less than 15 years | 8.667 weeks long service leave |
| At least 15 years, less than 20 years | 4.333 weeks, plus any of the previous long service leave entitlement not yet taken |
| At least 20 years less than 25 years | 4.333 weeks, plus any of the previous long service leave entitlement not yet taken |
The term continuous employment has a specific meaning and some absences do not count towards an employee’s period of continuous employment. Continuous employment may include service with a previous employer where there has been a change of business ownership.
Watch our taking long service leave video
Granting and taking long service leave
Show moreLong service leave must be granted and taken as soon as reasonable after it becomes due.
Importantly, an employer cannot direct an employee to take long service leave at a particular time.
An employee and the employer may agree when the employee will take long service leave.
Where an employer and employee have not agreed on when the employee is to take leave, the employer cannot refuse the employee taking long service leave which they became entitled to more than 12 months before. This leave can be taken at any time that is suitable to the employee. The employee must, however, give the employer at least 2 weeks’ notice of taking the leave.
An employer and employee may agree to postpone a period of long service leave to suit the convenience of the employee. If long service leave is deferred to suit the employee, the employee and employer should agree on whether the leave will be paid at the employee’s rate of pay when the leave was accrued or at the employee’s rate of pay when the leave is taken. It is best to put this in writing.
Taking a period of long service leave
Show moreLong service leave is to be taken in one continuous period, or if the employer and employee agree, can be taken in separate periods.
A casual or seasonal employee is entitled to take long service leave in the same manner as a full time or part time employee. During a period of paid leave, a casual or seasonal employee would not be able to be rostered or called into work.
An employee may also request that an employer grant them a period of long service leave:
- on half pay. For example, an employee who is entitled to 8 weeks of long service leave may request that they take 16 weeks of leave at half pay; or
- on double pay. For example, an employee who is entitled to 8 weeks of long service leave may request that they be granted 4 weeks of leave at double pay.
An employer is not obligated to agree to a request to take long service leave in a flexible manner.
Postponing long service leave
Show moreAn employer and employee may agree to postpone a period of long service leave to suit the convenience of the employee.
If long service leave is deferred to suit the employee, the employee and employer should agree on whether the leave will be paid at the employee’s rate of pay:
- when the leave was accrued; or
- at the employee’s rate of pay when the leave is taken.
It is best to put this in writing.
Long service leave in advance
Show moreAn employee can make a request and if the employer agrees, can reach an agreement to take long service leave in advance. An employee who enters into this agreement is not entitled to additional long service leave until they have accrued back the amount they were given in advance.
If an employee leaves or if their services are terminated before they have accrued their long service leave the employer may deduct from their final pay the amount that represents payment for any period for which the employee has been granted long service leave in advance.
Public holidays during periods of long service leave
Show moreIf a public holiday occurs during a period of long service leave taken by an employee; and the employee is otherwise entitled to that holiday under the employee's conditions of employment, the period of long service leave is increased by one day for each such public holiday.
Working in another job while on long service leave
Show moreEmployees accessing long service leave cannot engage in paid employment in substitution for any employment from which they are taking long service leave.
If an employee does work, this may result in the employee forfeiting their right to long service leave, enabling the employer to withhold any further leave payments and to reclaim any wages paid for the period of long service leave already taken.
Where an employee has two or more jobs and is accessing long service leave for one of those jobs, generally the employee may continue working in their other job or jobs while on long service leave, as this employment is not in substitution for the job for which they are taking long service leave.
