Long service leave entitlement resigning from APS ?

cantdance said :

APS specific – 10 years. (APS Payroll person here)

Everyone quoting 5/7 years etc is not APS.

A friend of mine left the APS after 9 years, lost all of her LSL. If she had gone back into the APS within a year she could have had it reinstated but she didn’t return.

Yes that is correct the 5/7 year rule is for all ACT employees unless covered by another award with provisions for long service leave. Here is a nice summary for ACT non-APS.
http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Guidance_Notes/WSACT_GN_0067_-_Long_Service_Leave.pdf

APS specific – 10 years. (APS Payroll person here)

Everyone quoting 5/7 years etc is not APS.

A friend of mine left the APS after 9 years, lost all of her LSL. If she had gone back into the APS within a year she could have had it reinstated but she didn’t return.

Agree with the above comment.

From the details given the cessation of your employment does not meet the criteria for compulsory termination.

As per s.16 of the LSL Act you are not eligible for the taking or payment of LSL.

As per s.17 of the LSL Act, your employer may make the determination to provide you with the taking or payment of LSL.

Best to contact your HR department after looking over your EA.

ACT is definitely 7 years. You can actually take long service leave after 7 years and you get paid out after 7 years. There is also a clause that if you are made redundant or sacked from a job after 5 years they have to pay pro rata Long service leave then as well. If the employee resigns they don’t get the 5 yr clause.

There are some workplaces who have awards that overrule this, but generally only because they are more favourable. I do not know how commonwealth APS fits into this, but every other person employed in the ACT is covered by the 7 yrs Long service leave legislation, unless they are covered under a better award (I think the ones I readabout offer more leave after 7 years.)

My long service leave paid for a kitchen reno, however I did have to dig up the legislation….. The CFO was Sydney based and claimed it wasn’t applicable… But its based on where you work, not where your employers head office is.

payroll person here.

If you work for the Commonwealth Public Service (ie APS) then you won’t be paid out unless you have 10 years service. There are certain circumstances where you can be paid out earlier (ie age retirement, invalidity retirement, redundancy and death).

ACT Government has a different Act in place – you can be paid out after 7 years service (**disclaimer, it’s been several years since I worked in ACT.gov so this may have changed).

You’re best off ringing your payroll area and asking them the question. they’ll be able to tell you in a matter of minutes if you’re eligible or not.

Rollersk8r said :

Raging Tempest said :

Short answer, no. In basic terms long service leave is like bonus additional leave you get after 10 years, there is no pro-rata before the 10 years is up.

Incorrect. 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).

OP– ACT Long Service Act entitles you to the above– they will pay you out the amount accrued. If you are unsure of what you are entitled to, speak to your HR rep who will be able to assist you with the calculations. If you have already been paid out but are unsure if the amount is correct, then you can check out the fair work Australia site which offers a calculator tool to work out your payout.

My understanding is that in the ACT it’s 7 years pro-rata. I work for an NFP and have been using mine for the last three years to cover school hols at Xmas.

Act is 7 years. Not sure how it applies to APD or someone who works in Canberra but employer is interstate. Likely needs to be tested in court

There is an exception (probably not applicable here) that if you leave after the age of 60 with less than 10 years’ service then you will be paid you pro-rata entitlement.

Raging Tempest said :

Short answer, no. In basic terms long service leave is like bonus additional leave you get after 10 years, there is no pro-rata before the 10 years is up.

Incorrect. 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).