Practical guidance on calculating long service leave entitlements for WA employees
This Guide provides employers with expert tips and guidance. You’ll be able to minimise costs and mitigate the risk of claims, fines and legal action associated with this entitlement. It provides exceptional value for money when compared to the cost of having similar documents drafted by a solicitor.
Long service leave is a state-based entitlement and WA is particularly unique in its law that governs this entitlement. Employees in WA can access the entitlement on resignation or termination – other than for serious misconduct – at 7 years of service which is one of the most generous schemes nationally. It can be a particularly difficult area to navigate where staff work between, or move, interstate or overseas, where their basis of employment and hours have changed over time or where they have had periods out of the workforce.
The Guide includes information on:
- Scope and application of relevant State law (including where moving interstate/ overseas)
- Interaction with other employment legislation and industrial instruments
- Eligibility
- Calculating the quantum and hours if they have changed over time
- Determining the appropriate rate including for commission only and piece-rate payment systems
- Options for access to the entitlement such as cashing out or taking the leave in advance
- Delaying the taking of leave and freezing the rate at which the entitlement is payable at
- Record-keeping requirements
- The effect of transmission of business on the entitlement
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