Under the Long Service Leave Act 1987 (SA) an employee is entitled, after ten years continuous service, to long service leave on full pay amounting to thirteen weeks [s 5]. A further 1.3 weeks is granted for each completed year after 10 years service. Special legislation applies to workers in the construction industry, see Construction Industry Long Service Leave Act 1987 (SA).
An employee who leaves his or her employment at any time after seven years continuous service is, in most circumstances, entitled to receive proportional payment of long service leave but employees dismissed without notice for serious misconduct may lose their pro-rata long service leave entitlements. With agreement from their employer, an employee who has worked for 10 or more years may ‘cash out’ either part or the whole of their accrued Long Service Leave.
Some employees may have their entitlements to long service leave regulated by a workplace agreement or award which is different to these statutory entitlements. As a general rule, provisions in a Federal award or workplace agreement will override a State law if there is inconsistency and an intention to exclude the State law. Employees that come under a Federal Award are entitled to 13 weeks leave after 15 years of service. These Federal Award employees are entitled to a pro rata payment if they leave work after 10 years continuous service.
To check your Long Service Leave entitlement see the calculator tool on SafeWork SA's website.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.