What is pro-rata long service leave NSW?

What is pro-rata long service leave NSW?

In NSW, the Long Service Leave Act 1955 (NSW) states that Long Service Leave is paid out on a pro-rata basis if the employee resigns their employment after five (5) years but not less than ten (10) years’ continuous service due to illness or incapacity, a domestic or other pressing necessity or their death.

Can my employer force me to take my long service leave?

Yes. The employer is required to provide 60 days’ notice of the taking of long service leave. There are no specific provisions enabling employers to direct employees onto leave. The Act does however specify that the leave should be taken as soon as practicable upon the entitlement becoming due.

What is meant by pro rata basis?

Pro rata is a Latin term used to describe a proportionate allocation. If something is given out to people on a pro rata basis, it means assigning an amount to one person according to their share of the whole.

When to take pro rata long service leave?

Entitlement to take long service leave: 8.67 weeks entitlement after 10 years continuous service. Pro-rata entitlements on termination: After 5 years’ continuous service – only if terminated by employer for reasons excluding serious misconduct; or if resigning due to injury, ill health or domestic pressing necessity.

How long is a long service leave entitlement?

Under the ACT Long Service Act you are entitled to 1.4 months long service leave after 7 years continuous service, which continues to accrue at 1/5th of a month per year (from 7 years onwards).

Can a long service leave be cashed out?

Long service leave usually can’t be cashed out while the employee is still working for the business. When employment ends before an employee has worked the total number of years needed to get the full long service leave entitlement, they can sometimes get paid out part of their long service leave.

How is long service leave calculated in Tasmania?

If agreement cannot be reached, the matter can be heard by the Tasmanian Industrial Commission (external link). A pro rata long service leave entitlement is calculated by dividing the employee’s period of ‘continuous employment’ in years (including part years) by 10 years and multiplying the result by 8.667 weeks.

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