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Long Service Leave in South Australia: Eligibility, Pro-Rata and Pay

By Recording Law Editorial Team8 min read
Long Service Leave in South Australia: Eligibility, Pro-Rata and Pay

Frequently Asked Questions

How much long service leave do I get in South Australia?

Under section 5(1)(a) of the Long Service Leave Act 1987 (SA), an employee who completes 10 years of continuous service is entitled to 13 weeks of paid leave.

Do I get long service leave if I resign?

Generally yes, from 7 years of continuous service, at 1.3 weeks per completed year, unless the termination falls within the narrow exclusions in section 5(4) for the worker's own serious or wilful misconduct or unlawfully terminating the employment.

What happens to my long service leave if I am made redundant in SA?

Redundancy is not one of the exclusions in section 5(4), so a pro-rata payment at 1.3 weeks per completed year applies from 7 years of service.

How is long service leave calculated after 10 years in SA?

A further 1.3 weeks accrues for each completed year of service after the initial 10-year, 13-week entitlement, rather than in 5-year blocks.

How is commission or casual pay treated for long service leave in SA?

Commission is averaged over the preceding 12 months, and casual employees' pay is averaged over the preceding 3 years, to smooth out variable earnings.

What is the SA construction industry long service leave scheme?

A separate portable scheme under the Construction Industry Long Service Leave Act 1987 (SA) that lets construction workers carry service between different employers in the industry.

Who enforces long service leave law in South Australia?

SafeWork SA handles general enquiries, claims and disputes about long service leave entitlements.

Does casual work count towards long service leave in South Australia?

Yes, provided the casual engagement with the employer is otherwise regular and continuous.

Sources and References

  1. Long Service Leave Act 1987 (SA)(legislation.sa.gov.au).gov
  2. SafeWork SA: Long service leave(safework.sa.gov.au).gov
  3. SafeWork SA: Who is entitled to long service leave(safework.sa.gov.au).gov
  4. SafeWork SA: Guide to Long Service Leave(safework.sa.gov.au).gov
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