MyLeave – Construction Long Service WA (2024)

FAQs

Is there long service leave for 7 years in WA? ›

In Western Australia, to be entitled to a long service leave benefit you normally need to accrue a minimum of 7 years service with a single employer. However, if you work on-site in the construction industry, you may find yourself working with many employers over the same period.

An employee and the employer may agree when the employee will take long service leave. Where an employer and employee have not agreed on when the employee is to take leave, the employer cannot refuse the employee taking long service leave which they became entitled to more than 12 months before.

Under the WA Long Service Leave Act, an employer and employee are able to agree to cash out some or all of an employee's long service leave once the employee has fully accrued a long service leave entitlement.

When a full time, part time, casual or seasonal employee completes 10 years of continuous employment, they accrue an entitlement to 8.667 weeks of paid long service leave. An employee will accrue a further 4.333 weeks of long service leave for every 5 years of continuous employment after the initial 10 years.

To claim, just complete and submit the Application for Payment of Long Service Leave Form (opens new window tab) to MyLeave by email. The form is in two parts. You should complete Part 1, and your employer should complete Part 2. It can also be found in Publications and Forms.

Between 7 and 10 years' continuous service

However, employees who have completed 7 but less than 10 years' continuous service are entitled to pro-rata long service leave only if the primary reason for the termination falls within the following criteria: the employee's service is terminated by their death.

If you have an entitlement to long service leave, and you are experiencing financial hardship, or you require extra funds due to unforeseen personal, family or other circ*mstances, you may be entitled to have your long service leave paid out in part, or in a lump sum.

Any periods of unpaid leave and stand down are excluded from the 365 day period. This ensures that employees are not disadvantaged if, for example, they have taken a period of unpaid leave - such as unpaid parental leave. However, any periods of paid leave are included in the calculation.

Employees may access long service leave on half pay. This is an extension of an existing condition of service and therefore, unless otherwise stated, the same conditions that apply to long service leave on full pay apply to long service leave on half pay.

In certain cases, an employee may cash out personal leave and/or more than two hundred forty hours of annual leave. Although this cash-out is not earnable compensation, it may be used in the calculation of the employee's retirement allowance and the employer will be billed for the excess compensation.

Is super payable on cashed out leave? ›

Is superannuation paid on unused annual leave? Under current legislation, normal employee leave qualifies for super as does annual leave that is cashed out during the normal course of employment.

Some examples of domestic or other pressing necessity might include: changing jobs to lessen travel expenses when in a difficult financial situation; leaving a job because the night shift had become a strain on the employee's family relationships and repeated requests for a transfer to the day shift had not been met; ...

Casual and seasonal employees are entitled to long service leave under the WA Long Service Leave Act. A casual or seasonal employee can have continuous employment despite working intermittently and/or with varying hours. Ordinary pay for a casual employee includes their casual loading.

Calculation is wages per month *2/3* duration of service in years. An incomplete service year is computed on the basis of pro- rata. An employer is not required to pay both long service payment and severance payment to the foreign domestic helper.

Pro rata means proportionally, such as dividends awarded to investors based on their proportion of investment. The concept of pro rata is rooted in fractions because proration attempts to make two fractions equal to each other but with different denominators.