MyLeave – Construction Long Service WA (2024)

FAQs

Is there long service leave for 7 years in WA? ›

In Western Australia, to be entitled to a long service leave benefit you normally need to accrue a minimum of 7 years service with a single employer. However, if you work on-site in the construction industry, you may find yourself working with many employers over the same period.

Conclusion. Most types of employees may receive Long Service Leave entitlements in Australia. The refusal of requests for Long Service Leave are generally not permissible unless there are reasonable business grounds to do so.

Under the WA Long Service Leave Act, an employer and employee are able to agree to cash out some or all of an employee's long service leave once the employee has fully accrued a long service leave entitlement.

When a full time, part time, casual or seasonal employee completes 10 years of continuous employment, they accrue an entitlement to 8.667 weeks of paid long service leave. An employee will accrue a further 4.333 weeks of long service leave for every 5 years of continuous employment after the initial 10 years.

To claim, just complete and submit the Application for Payment of Long Service Leave Form (opens new window tab) to MyLeave by email. The form is in two parts. You should complete Part 1, and your employer should complete Part 2. It can also be found in Publications and Forms.

The LSL Act provides a leave entitlement of 8 2⁄3 weeks per 10 years of continuous service, with a pro-rata payment due on termination after seven years' service. Because the LSL Act applies to casual employees, many long-term casuals employed by the Department of Education or TAFE colleges may have LSL entitlements.

If you have an entitlement to long service leave, and you are experiencing financial hardship, or you require extra funds due to unforeseen personal, family or other circ*mstances, you may be entitled to have your long service leave paid out in part, or in a lump sum.

Any periods of unpaid leave and stand down are excluded from the 365 day period. This ensures that employees are not disadvantaged if, for example, they have taken a period of unpaid leave - such as unpaid parental leave. However, any periods of paid leave are included in the calculation.

Continuous service applies where the employee has had a break of less than one week. between employments (the definition of a week is seven consecutive days from a Sunday to. a Saturday). Where there is no break in service, previous service shall be taken into.

Even though Washington doesn't have a law requiring PTO payout at termination, employers might be responsible for paying out unused PTO to an employee who leaves the company. If there is a company policy or employment contract that requires it, an employer is required to pay unused PTO to a separating employee.

Is super payable on cashed out leave? ›

The short answer is yes. Cashed out annual leave is considered part of an employee's ordinary time earnings (OTE) for the purpose of calculating the super guarantee rate under the relevant legislation.

Employees may access long service leave on half pay. This is an extension of an existing condition of service and therefore, unless otherwise stated, the same conditions that apply to long service leave on full pay apply to long service leave on half pay.

What is a Long Service Award? A Long Service Award is a way of recognising and rewarding employee loyalty to a company, for a certain length of time. Traditionally, Long Service Awards are presented to an employee for 5, 10, 15, 20 and 25 years of employment.

Casual and seasonal employees are entitled to long service leave under the WA Long Service Leave Act. A casual or seasonal employee can have continuous employment despite working intermittently and/or with varying hours. Ordinary pay for a casual employee includes their casual loading.

Calculation is wages per month *2/3* duration of service in years. An incomplete service year is computed on the basis of pro- rata. An employer is not required to pay both long service payment and severance payment to the foreign domestic helper.