The answers to common questions we get are listed here, but if you can’t find the answer you are looking for contact the SDA and an information officer will help you.
The laws covering improved Long Service Leave entitlements can be very confusing.
A detailed pamphlet is available from our office. It sets out your entitlements in more detail, and we can simply mail one to you upon request.
All full-time, part-time and casual employees in Queensland are entitled to long service leave, subject to certain conditions.
Employees are entitled to 8.6667 weeks on full pay after 10 years service, increasing to 13 weeks on full pay after 15 years service and then a further proportionate amount each further five years (new entitlements to be phased in).
Employees who have completed seven but less than 10 years continuous service are entitled to pro-rata long service leave only if:
- The employee’s service is terminated by death
- The employee terminates their service because of illness or incapacity, or because of a domestic or other pressing necessity
- The employer dismisses the employee for a reason other than the employee’s conduct, capacity or performance (eg redundancy)
- The employer unfairly dismisses the employee.
Yes. From 23 June 1990 casuals who regularly worked at least 32 hours per month are eligible. After 30 March 1994, the legislation was amended so that all continuous service is taken into account in calculating long service leave entitlements.
Continuous service is broken by unpaid periods of three (3) months or more. Maternity leave and authorised periods of leave of absence do not breach continuous service but are not counted towards long service leave. However, long service leave continues to accumulate during absences on WorkCover.
Any public holidays falling within a period of long service leave must be added to the leave.
Long service leave is paid at the ordinary hourly rate applicable at the time of taking long service leave (excluding overtime and penalty payments). If an employee is paid above the award rate then that rate applies.
All ordinary hours worked during the service are divided by 52 and then multiplied by 0.86667 and the hourly rate to calculate payment.
All hours worked would accrue long service leave entitlements, and payment is calculated as per the above question (legislation amended in June 2001).
Yes. When a business changes hands or is sold, long service leave will normally be transferred to the new employer unless otherwise agreed. Long service leave may also transferred when an employee changes brands but stays with the same parent company (conditions may apply so always confirm with your employer).
The timing of long service leave should be agreed between the employer and employee. Where agreement can’t be reached the employer can, with at least three months written notice, require an employee to take at least four weeks long service leave.