Entitlement
Workers in the services industry in the ACT are entitled to 6.06 weeks of portable long service leave after 7 years of recorded service in the industry. They will continue to accrue 0.867 weeks of leave for every year thereafter.
Service recorded for current contract cleaning workers will move over into the new scheme automatically with them.
The introduction of the Services Industry Scheme does not mean workers will lose any existing long service leave entitlements already accrued with their current employer.
For long service leave accrued before the commencement of the Services Industry Scheme, the provisions of the Long Service Leave Act 1976, and/or the worker’s employment contract applies. A basic entitlement prescribed in the 1976 Act requires a minimum of 7 years of service with one employer before an employee can access their long service leave entitlement. Workers are encouraged to speak to their current employer regarding any long service leave accrued prior to the introduction of the portable long service leave arrangements.
Accessing your benefit
To access your benefit, submit a claim form to us.
You can do this by creating a New Claim in the Worker Portal, or complete one of the different claim forms listed below.
We pay your benefit directly into your nominated bank account.
Amount paid for claims
If you’re an employee, you will be paid an amount calculated by multiplying the number of weeks of long service leave by your average weekly ordinary wages.
To calculate your average weekly ordinary wages:
- we use the highest of these:
- weekly average of ordinary remuneration received in the last 2 quarters of recorded service
- weekly average of ordinary remuneration received in the last 4 quarters of recorded service
- weekly average of ordinary remuneration received in the last 20 quarters of recorded service; or
- weekly average of ordinary remuneration received in the last 40 quarters of recorded service.
- if you receive compensation under the Workers Compensation Act 1951, we use the weekly average of ordinary remuneration you received during the 4 quarters before the injury occurred.
If you’re a contractor, you will be paid a refund of the total levy contributions you made, plus interest earned.
If you recorded service as both a contractor and as an employed worker, you will be paid the sum of your employee component and contractor component, calculated as above.
Tax on portable long service leave claims
We withhold tax from your long service leave payments in line with ATO guidelines. The amount withheld will show on your end of financial year income statement in your myGov account.
Weekly marginal tax rates will be used for most portable long service leave payments, similar to the tax on your average weekly wage. To estimate the amount of tax to be withheld from your long service leave payment, please refer to the weekly tax table located on the ATO website.
Lump sum payments for long service leave on termination of employment will be taxed at different rates, depending on your service accrual dates and whether the termination is because of genuine redundancy, invalidity, or an early retirement scheme. Please refer to the Schedule 7 – tax table for unused leave payments on termination of employment located on the ATO website.
In line with ATO guidelines, we do not withhold income tax on the contractor component of a long service leave claim.
Contractors should seek independent advice on the tax implications of the refund of contractor contributions and interest.
Claim types
Workers can access their benefit through one of the following claim types:
|
Claim type |
Information |
|
Long service leave |
Who can apply? Employees with 7 or more years of service, who are still recording service and wish to take paid long service leave from their current employer. Conditions
Make a long service leave claim |
|
Lump sum payment |
Who can apply? Workers with 7 or more years of service who are no longer employed as an employee in the covered industry. Conditions
Make a long service leave claim |
|
Leaving the industry |
Who can apply? Workers with less than 7 years of service who wish to take a lump sum payment of their pro-rata entitlement after ceasing to work in the industry permanently. Workers with 7 or more years of service should refer to lump sum payment instead. Conditions
Make a leaving the industry claim |
|
Age retirement |
Who can apply? Workers with less than 7 years of service who wish to take a lump sum payment of their pro-rata entitlement after retiring. Workers with 7 or more years of service should refer to lump sum payment instead. Conditions
Make a leaving the industry claim |
|
Total incapacity |
Who can apply? Workers with less than 7 years of service who wish to take a lump sum payment of their pro-rata entitlement after becoming totally incapacitated. Workers with 7 or more years of service should refer to lump sum payment instead. Conditions
Make a total incapacity claim |
|
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
Make a deceased claim |
Claim processing time
We have a claim payment run once a week.
We’ll usually schedule payment within 15 working days of the date you’re starting your portable long service leave, depending on:
- when your claim form is received
- whether we need further information from current or past employers or interstate jurisdictions to process your claim.
We usually process lump sum and leaving the industry claims within 15 working days of receiving or confirming any required information with:
- your past employer/s
- interstate jurisdictions.
Please contact us if you have any questions.