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Moving in and out of the scheme

There are special provisions for workers who transfer between roles covered by Portable Long Service Leave

Transferring from a covered role within the same employer

If you transfer with the same employer to a role that is not eligible for portable long service leave, your long service leave entitlement will transfer from the Construction Industry Long Service Leave Act 1987 to the Long Service Leave Act 1987. Your employer must advise us in writing of the date of transition and you will no longer accrue portable long service leave service days. 

If you remain employed with that employer for 10 years, you will be eligible for long service leave (combining both the service registered with Portable Long Service Leave by the employer you transitioned roles with and the service accrued with your employer since the date of transition). A pro-rata payment is available if you remain employed with that employer for 7 years and cease employment. When you wish to claim you will apply directly to your employer. Your employer will pay you for both the weeks of leave accrued with Portable Long Service Leave with that employer and the weeks of leave accrued with the employer since the date of transition, at your current ordinary weekly rate of pay. Upon request from your employer, we will reimburse to them for the weeks of leave accrued with Portable Long Service Leave. 

Your employer must contact us before making any payment to you under this provision. 

Example

Joe Bloggs has worked for ABC Pty Ltd for 10 years.

In the first 5 years Joe was a Carpenter and was eligible for portable long service leave.

Joe then became an estimator and was no longer eligible to accrue portable long service leave going forward.

After 10 years Joe now wants to take some Long Service Leave. 

As he has accrued 5 years with PLSL and 5 years with ABC Pty Ltd he has 13 weeks available to take.

As he now comes under the Long Service Leave Act, ABC Pty Ltd is responsible for the long service leave payment of up to 13 weeks and will recover from PLSL an amount representative of the first 5 years.

Transferring to a covered role within the same employer

If you transfer to a role eligible for Portable Long Service Leave within the same employer, your long service leave entitlement will transfer from the Long Service Leave Act 1987 to the Construction Industry Long Service Leave Act 1987. Your employer must commence recording service on Employer Returns and advise us in writing of your prior period of employment with the company. 

If you remain employed with your employer for 10 years you will be eligible for long service leave (combining both the service accrued with your employer under the Long Service Leave Act 1987 and the service accrued with Portable Long Service Leave). A pro-rata payment is available if you remain employed for 7 years and you cease employment. When you wish to claim you will apply to us. We will pay you for both the weeks of leave accrued with your employer and with Portable Long Service Leave. We will then issue an invoice to your employer for the weeks of leave accrued with them prior to registration with us.

Example

Joe Bloggs has worked for ABC Pty Ltd for 10 years.

In the first 5 years Joe was a truck driver and was not eligible for portable long service leave.

Joe then became a crane driver and was subsequently registered for portable long service leave.

After 10 years Joe now wants to take some Long Service Leave. 

As he has accrued 5 years with ABC Pty Ltd and 5 years with PLSL he has 13 weeks available to take.

As he now comes under the Construction Industry Long Service Leave Act, PLSL is responsible for the long service leave payment up to 13 weeks and will recover from ABC Pty Ltd an amount representative of the first 5 years.

Site Supervisors

If you are a Site Supervisor (responsible for the daily on-site supervision of works) you are not eligible to be registered in the scheme. However, if you were previously registered in this scheme as a construction worker you can apply to have your period of employment as a Site Supervisor recognised. 

Once your combined service as a construction worker and as a Site Supervisor exceeds 1,820 service days (equivalent to 7 years full time employment), you may apply for payment of the weeks of leave accrued in the scheme as a construction worker. 

If you are wishing to make a claim under this provision, please contact us.