Long service leave is an entitlement granted to workers in New South Wales (NSW) based on the Long Service Leave Act 1955. This article will provide an overview of the rules and regulations regarding long service leave in NSW, including calculations, taking leave in separate periods, and maximum/minimum duration.
Calculation of Long Service Leave:
The calculation of long service leave in NSW is based on the Long Service Leave Act 1955. For workers whose service with an employer began before the Long Service Leave (Amendment) Act 1963, the entitlement is as follows:
– Three months for every twenty years of service before the commencement of the 1963 Act.
– Two months for every ten years of service from the commencement of the 1963 Act.
The term “month” is defined as 4 and one-third weeks for calculating long service leave.
Taking Long Service Leave in Separate Periods:
Workers in NSW have the flexibility to take their long service leave in separate periods. If the leave does not exceed 19 and a half weeks, it can be taken in two or three separate periods. If the leave exceeds 19 and a half weeks, it can be taken in two, three, or four separate periods. The employer and the worker must agree to the separate periods, and each period must be at least one day. Any leave already taken in advance will be deducted from the total entitlement.
Duration of Long Service Leave:
There is no specific maximum duration for long service leave in NSW. However, the legislation allows for the leave to be taken in separate periods, as mentioned earlier. There is also no specific minimum duration mentioned in the legislation.
Conclusion:
Workers in NSW are entitled to long service leave based on the Long Service Leave Act 1955. The calculation of leave is based on the years of service before and after the Long Service Leave (Amendment) Act 1963. Long service leave can be taken in separate periods with the agreement of the employer, and there is no specific maximum or minimum duration mentioned in the legislation.
more information can be found on the NSW gov website