ACT Long Service Leave Authority

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Community Sector Industry

Childcare Worker

Claims

Entitlement

Community sector industry workers registered on or after 1 July 2010 are entitled to 4.33 weeks of long service leave after 5 years of recorded service in the industry, and continue to accumulate 0.867 weeks of leave for every year thereafter.

How do workers get access to their benefit?

Workers can submit a claim form to the Authority for processing. See below for a list of the types of claim available to workers and their legislative conditions.

The Authority will pay the worker’s benefit directly into their nominated bank account.

How much do workers get paid?

Employees will be paid an amount calculated by multiplying the number of weeks of long service leave being taken and the average weekly ordinary wages of the worker.

The average weekly ordinary wages for the worker will be the highest of:

  1. weekly average of ordinary remuneration received in the last 2 quarters of recorded service;
  2. weekly average of ordinary remuneration received in the last 4 quarters of recorded service; or
  3. weekly average of ordinary remuneration received in the last 20 quarters of recorded service.

Contractors will be paid a refund of the total levy contributions they made, plus interest earned.

If a worker has recorded service as both a contractor and as an employee, then the amount paid will be the sum of their employee component and their contractor component calculated as above.

Tax

The Authority will deduct income tax on the employee component of a claim, according to ATO guidelines.

Marginal rates will apply to most long service leave payments. Some lump sum termination payments may be taxed at a different rate. Refer to the ATO website for more information.

The Authority does not currently deduct income tax on the contractor component of a claim. Contractors should declare the refund of contributions and interest as income on their tax return for the year in which the payment was made.

Claim types

Workers can access their benefit though one of the following claim types:

Claim type Information
Long service leave Who can apply?

Employees with 5 or more years of service, who are still recording service and wish to take paid long service leave from their current employer.

Conditions

  • Employee must have a minimum of 5 years of recorded service
  • Employee must take a minimum of 2 weeks of long service leave each time they claim
  • Employer must approve the period of leave requested

Form

Employee Claim Form

Lump sum payment Who can apply?

Unemployed workers or contractors with 5 or more years of service.

Conditions

  • Worker must have a minimum of 5 years of recorded service
  • Worker must take payment equivalent to a minimum of 2 weeks of payment each time they claim, if not claiming the whole entitlement
  • Worker must be unemployed or registered as a contractor

Form

Employee Claim Form

Age retirement Who can apply?

Workers registered prior to 1 July 2012 who have less than 5 years of service and wish to take a lump sum payment of their pro-rata entitlement after retiring. Workers with 5 or more years of service should refer to Lump Sum Payment instead.

Workers registered on or after 1 July 2012 who have less than 5 years of service are not eligible to claim an entitlement.

Conditions

  • Worker must be 55 years or older, or be a Veteran Affairs pensioner
  • Worker must have been registered prior to 1 July 2012
  • Worker must have a minimum of 55 days of recorded service

Form

Age Retirement Claim Form

Total incapacity Who can apply?

Workers registered prior to 1 July 2012 who have less than 5 years of service and wish to take a lump sum payment of their pro-rata entitlement after becoming totally incapacitated. Workers with 5 or more years of service should refer to Lump Sum Payment instead.

Workers registered on or after 1 July 2012 who have less than 5 years of service are not eligible to claim an entitlement.

Conditions

  • A medical practitioner must complete the Certification by Medical Practitioner section of the claim form
  • Worker must have been registered prior to 1 July 2012
  • Worker must have a minimum of 55 days of recorded service

Form

Total Incapacity Claim Form

Deceased Who can apply?

Executors, legal representatives or beneficiaries of a deceased worker who wish to collect a lump sum payment of the worker’s pro-rata entitlement.

Conditions

  • Applicant to provide a copy of the death certificate
  • Applicant to provide a certified copy of the will (if appropriate)
  • Applicant must complete a statutory declaration
  • Worker must have a minimum of 55 days of recorded service (if registered prior to 1 July 2012), or 5 years of recorded service (if registered on or after 1 July 2012)

Forms

Claim processing time

The Authority has a pay run once a week. If no further information is needed to process your claim the payment will be scheduled within 1 week of the date you are starting your long service leave. For lump sum claims, the payment will be processed in the next pay run available from the date your claim is received.