The majority of the South Australian workforce accrue long service leave entitlements under the state Long Service Leave Act 1987 (LSL Act).
Under the LSL Act, a worker who has completed 10 years service with the same employer (or related employers) is entitled to 13 weeks long service leave. A further 1.3 weeks leave is granted for each completed year of service thereafter. A worker who ceases employment with more than 10 years of service is entitled to be paid out any outstanding long service leave.
Subject to some conditions, a worker who leaves their employment, or whose employment is terminated after 7 completed years of service (but less than 10) is entitled to the monetary equivalent of 1.3 weeks leave for each completed year of service. This is referred to as pro-rata long service leave.
The SafeWork SA Long Service Leave (PDF 118kb) brochure provides more information relating to state long service leave entitlements. You can also contact the SafeWork SA Help Centre for more information.
Construction industry workers who are employed predominantly on-site are covered by the Construction Industry Long Service Leave Act 1987. These workers accrue long service leave the same as provided by the LSL Act, however their entitlement is based on service in the industry, rather than service with the same employer.
Employers who engage a worker who is eligible for construction industry long service leave must register with Construction Benefit Services and pay a levy based on their employees remuneration (as defined), every two months to the Construction Industry Fund. When workers become entitled to long service leave, payment is made from the Fund. The current levy rate, as fixed by the Construction Industry Long Service Leave Board, is 2.25%.
For more information about long service leave in the construction industry, please contact Construction Benefit Services.
State Public Sector
Most workers employed in the South Australian public service, as defined by the Public Sector Act 2009, have their long service leave entitlements provided for by a Determination of the Commissioner for Public Sector Employment (Determination 3.1: Employment Conditions - Leave).
The Human Resource function within your agency can clarify whether this Determination applies to you.
National Workplace Relations System
The national workplace relations system provides for a National Employment Standard (NES) dealing with long service leave entitlements. This standard currently derives a workers entitlement from long service arrangements that were in existence immediately prior to 1 January 2010.
This means that the majority of the South Australian private sector and local government workforce still have their long service leave determined by the LSL Act. However, some workers may have their long service leave entitlements derived from a federal award or agreement that was in existence prior to 1 January 2010.
If you believe your long service leave entitlement is determined by a pre-2010 federal award or agreement, please call the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au for further information.