The leave dates must be documented and have an end date that is, take leave from 1 January through to 1 March 20XX , It cannot be left open ended that is, a start date but no fixed end date. While government-funded maternity or paternity leave does not count as service, it also does not break your service. Parental payments made to your employer to pass onto you, also does not count as service.
Your continuity of service is also not affected by unpaid parental leave however these breaks from work are not to be taken into account in calculating your period of service with the employer. Workers can negotiate with their employer about how they take their long service leave. This could include the deferral of leave or taking leave in separate periods. If you wish to access your long service leave after 7 years but less than 10 years and you are still in your employment, you must discuss your options with your employer.
The Long Service Leave Act does not detail an employer's obligation for workers who wish to take pro-rata long service leave and who are still in their employ. If you leave your employment or your employment is terminated after 7 years of service, but less than 10 years, you are entitled to the monetary equivalent of 1. This is often referred to as pro-rata long service leave.
You are not entitled to a pro-rata payment if your employment is terminated on the grounds of serious and wilful misconduct, or if you unlawfully terminated your employment, such as failure to give the required amount of notice upon termination.
Ordinary weekly rate of pay means a workers weekly wage at the time of taking the leave excluding penalty rates and overtime. The simple calculation is the employees standard weekly hours typically The calculations above is based on the worker having been employed full-time for at least the last three years of their service. If not, refer to the payment for part-time and casual workers. This may include a period of full-time employment. A workers weekly rate of pay is determined by averaging the number of hours worked per week in the three years weeks immediately before taking leave and multiplying that result by the workers current base hourly rate of pay.
When averaging hours for part-time and casual workers, ALL hours worked are counted. This includes overtime. The week averaging period does not have to be consecutive and does not include weeks where the worker:. However, where a worker normally a casual is granted leave in accordance with their employment contract e. Christmas shutdown or holiday periods for employment associated with educational facilities , the weeks of absence count towards service and are included in the week averaging period.
For any further clarification required on the averaging process for part-time and casual workers, please contact the SafeWork SA Help Centre on A worker is entitled to 13 weeks long service leave after 10 years of completed service. Payment is based upon the average of the last 12 months of income include commission, sales, retainers etc.
To calculate the weekly entitlement, add together all income from the immediate 12 month period prior to the leave date, and divided by A worker who earns commission is a sales driven income, not a bonus by volume of work completed. A worker who receives a bonus for achieving a target, is not a worker whose payment is by result.
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