Frequently asked questions about Portable Long Service Leave.
In South Australia, most employees accrue long service leave under the Long Service Leave Act 1987 and must be employed with one employer for 10 years to be entitled to long service leave (or 7 years for a pro-rata payment). The portable scheme was introduced following negotiations between employers and unions in the 1970's, as due to the nature of the construction industry, workers performing building, electrical or metal trades work tended to change employers more often and couldn't stay with one employer long enough to accrue long service leave. The portable scheme allows workers to accrue long service leave benefits, regardless of the number of employers they have worked for.
If you are performing work covered by the scheme, your employer is required to register you. We record the time you have spent in the industry and when you are eligible for long service leave, we make payment to you.
The scheme covers a broad range of building, electrical and metal trades work on new or existing commercial, industrial or domestic buildings or structures.
Because it is your employer's responsibility to register you, you are unable to register yourself.
When you are first registered, we will issue you with a registration number. You'' need to register for access to the Worker Portal when you login to to your account for the first time. It's a good idea to check your record on a regular basis to ensure all of your employers have registered you. If you don't know your worker registration number or password, please contact us.
Once you have accrued 2,600 service days (equivalent to 10 years full time employment) you will be eligible to take 13 weeks long service leave.
You will be credited with one service day for the following paid days:
- Days worked over 5 hours
- Annual leave
- Personal/sick leave
- Public holidays
- Rostered days off
- Workers compensation (up to a period of 2 years)
- Trade school days (apprentices)
You can record a maximum of 260 service days per financial year (5 days per week x 52 weeks).
You accrue 1 week of leave for every 200 service days that you record. If you record the maximum 260 days service in 1 year, you will accrue 1.3 weeks leave.
Yes, if your apprenticeship is in building, electrical or metal work your employer is required to register you for Portable Long Service Leave. There is no cost for your employer, and during a 4 year apprenticeship you will accrue 5.2 weeks of long service leave.
Yes, if you work more than 3 days in a month and more than 5 hours per day performing building, electrical or metal work your employer is required to register you.
You can have a break of up to 2 years (if you have less than 1,300 service days service) or up to 3 years (if you have more than 1,300 days service but less than 1,820 days service). If you have more than 1,820 days service you can be absent indefinitely without forfeiting your accrued service days.
Yes, your employer is required to continue registering you for Portable Long Service Leave for a maximum period of two years or until your employment is terminated (whichever comes first).
Please refer to the Moving In and Out of The Scheme.
If you have not accrued the 2,600 service days required to take long service leave, but you have accrued more 1,820 service days and you will not be performing building, electrical or metal work for a minimum period of 12 months, you can apply for a pro-rata payment. You will be paid the monetary equivalent of the weeks of leave you have accrued at the time you cease employment. Please note that by claiming a pro-rata payment, you will break your service for long service leave purposes. This means that you will need to accrue a further 1,820 service days (equivalent to 7 years full time employment) before you will qualify for any further benefit from the scheme.
The levy payments made by employers are pooled into a fund that pays long service leave entitlements to workers and covers scheme administrative costs. If you do not accrue 1,820 service days you are not eligible to claim a payment. We have no discretion in this matter.
Yes, long service leave must be taken in whole weeks and the minimum period is two weeks.
Complete an application form. If you are currently registered, or you have been registered with us within the last 12 months, your current/last employer is required to complete Part 2 of the application form.
The rate you will be paid per week will be calculated from your average ordinary weekly earnings within the last 12 months service as recorded by us at the time you take your leave.
If you have not had service recorded in the previous 12 months, you will be paid an average industry rate (calculated from the average weekly pay of workers in your classification of work, who took long service leave in the previous financial year)
Yes, we are required to withhold tax. Long service leave payments will be taxed in accordance with the Australian Taxation Office PAYG withholding weekly tax table and leaving the industry claims will be taxed in accordance with the Australian Taxation Office tax table for unused leave payments on termination of employment.
We will pay you as a long service leave day. Your employer will not pay you for the public holiday.
You are not able to extend your leave, however you may apply for periods of long service leave consecutively. The minimum period for long service leave is 2 weeks. You'll need to complete a new claim through the Worker Portal.
If you are working in the construction industry you will need to check that you are registered with the portable long service leave scheme in that State or Territory. If you are registered, your service interstate may be recognised. Contact details of all construction industry portable long service leave schemes can be found here.
No, service cannot be 'rolled over' or transferred. Service will remain recorded in the relevant State or Territory in which the work was performed, until you make a claim for payment. You will need to keep track of the service you have accrued in each scheme yourself. When you have sufficient service for an entitlement in the scheme in which you are currently or were last registered, you can make a claim to that scheme.
If you are now working in South Australia and you are about to be de-registered by a scheme in another State you should advise that scheme of your registration in South Australia. Please download a copy of your latest service statement and send it to them.