Amount of long service leave
39AA Amount of long service leave
The number of hours of long service leave that an eligible employee is entitled to for a week of qualifying service completed by the employee is worked out using the formula in subsection (2).
The formula is:
Start formula start fraction 13 over 416 end fraction times Working hours end formula
where:
working hours means:
if the employee is a full‑time employee at all times during the week—35 hours; or
if the employee is a part‑time employee at any time during the week—the lesser of the following amounts (or either of them if they are equal):
the total number of ordinary hours of work of the employee as a part‑time employee for the week;
35 hours; or
if the employee is a casual employee at any time during the week and paragraph (b) does not apply—the lesser of the following amounts (or either of them if they are equal):
the number of hours for the week worked out under whichever of subsections (3) and (4) is applicable;
35 hours.
Employee is a casual employee for all weeks beginning in a quarter
If all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:
the total number of hours worked by the employee as a casual employee for all of those weeks; by
the number of weeks beginning in the quarter.
Employee is a casual employee for some but not all weeks beginning in a quarter
If some but not all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those applicable weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:
the total number of hours worked by the employee as a casual employee for all of those applicable weeks; by
the number of applicable weeks beginning in the quarter.
What is an applicable week?
A week beginning in a quarter is an applicable week for an employee if:
the employee is a casual employee at any time during the week; and
paragraph (b) of the definition of working hours in subsection (2) did not apply to the employee for the week.
Subsections 39A(3A) and (3B) deal with the circumstances in which a casual employee is taken to have been an eligible employee for the whole of a week.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.