Long service leave entitlements are generally based on periods of uninterrupted service for a single employer, but there may be exceptions in some situations. Commencement 2 Part II — Construction and application of this Act 4. endobj granting long service leave; commuting long service leave to salary; school vacations and Public Holidays during long service leave; illness or injury during long service leave; Related policies. Please Note: The link to this page has been updated to law_a468.html. Employees in WA can access the entitlement on resignation or termination (other than for serious misconduct) at 7 years of service … page. Versions of this Subsidiary legislation (includes consolidations, Reprints and “As made” versions). Long Service Leave Act 1958. s. 1. Find out how it works in this article. Long Service Leave Act 1958. 2. If an employee takes unpaid parental leave or leave without pay, Long Service Leave will not accrue. 7 years in certain circumstances. Long Service Leave is paid leave which employees use after working for their employer for a long period of time. Search, compare and hire from Australia's largest lawyer marketplace, Read our free legal and business articles to get all the information you need, We've helped 130,000 Australians get smart and Instead, we have a principle called fair dealing. Is there a difference? An employer cannot refuse a request for Long Service Leave if the entitlement has existed for 12 months or more. Employment before commencement of this Act 9 Significantly, the types of employees entitled to Long Service Leave and the relevant definition of a ‘long time’ varies across Australia. The amount of time differs in each State. Long Service Leave Act 1958. s. 1. Interpretation 3 5. Long service leave and other long service benefits are not legal requirements but may be negotiated between an employer and employee as additional entitlements under their employment agreement or workplace policies. Versions of this Act (includes consolidations, Reprints and “As passed” versions). Short title 2 2. The Long Service Leave Act applies to most private sector full time, part time and casual employees in Western Australia, including employees covered by national modern awards. A long-term casual is someone who has been employed for more than 12 months. Further, a casual employee can be paid out their long service leave entitlements where they are eligible and terminate their employment. LONG SERVICE LEAVE WESTERN AUSTRALIA AS AT FEBRUARY 2015 This fact sheet provides a general overview of the laws governing long service leave entitlements in Western Australia, which is governed by the Long Service Leave Act 1958. Most employees’ entitlement to long service leave comes from long service leave laws in each state or territory. Dominic is the CEO of Lawpath, dedicating his days to making legal easier, faster and more accessible to businesses. In Western Australia, Long Service Leave entitlements fall under the Long Service Leave Act 1958 (amended 4 July 2006) (‘the Act’). The form is in two parts. Employment law itself is a mix of National and State legislation. The WA long service leave calculator can provide an estimate of an employee’s long service leave entitlement when employment ceases as a result of resignation, dismissal, or redundancy. An employee is entitled to long service leave if they have completed ten years of continuous employment. Long service leave is an entitlement to paid leave when you have worked for the same employer for a long period of time. How long an employee has to work to qualify for long service leave will depend on what is agreed between the employee and employer. Read this guide to find out. Long Service Leave Act 1958. 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