Interaction between the 1976 Act and the Portable Schemes Act
In the ACT, the Long Service Leave Act 1976 and the Long Service Leave (Portable Schemes) Act 2009 operate alongside each other. Because of this, a worker’s service may contribute to reaching an entitlement under both Acts, however entitlements are calculated separately under each piece of legislation, with each having its own eligibility requirements.
Under both the 1976 Act and the Portable Schemes Act there may be other claim types available to workers if they meet the eligibility criteria.
Employer reimbursements
If a worker reaches an entitlement under the Long Service Leave Act 1976, another corresponding law (for example, long service leave law from another state), or a legally enforceable contract such as an Enterprise Bargaining Agreement (EBA), and has not yet reached an entitlement under the Portable Schemes Act, the worker will be paid directly by their employer under that law or agreement.
Where there is an entitlement for the same period of service under the Portable Schemes Act, the employer can apply for reimbursement through the ACT Leave Client Portal for the portion of the payment that relates to service reported to ACT Leave since entry into the Services Industry Scheme.
The reimbursement will be for the lesser of:
- the amount the employer paid the worker under the 1976 Act or other related law/legally enforceable contract, or
- the amount that ACT Leave would have paid the worker under the Services Industry Scheme.
To request a reimbursement
Complete and submit a long service leave reimbursement to employer claim form to apply for a reimbursement of a long service leave payment made directly to an employee.
For further guidance on how to apply for a reimbursement, refer to the Employer Client Portal Step-by-Step Guide.
It is important to note that we will only reimburse you for the period of service recorded with ACT Leave. For example, if the employee worked for you for 10 years, but has only 7 years recorded with ACT Leave, you will only be reimbursed for those 7 years of service.
Important
Only ACT Leave can make payments under the Long Service Leave (Portable Schemes) Act 2009.
Do not make a payment under this Act as we will be unable to reimburse you.