Long Service Leave Act 1976

In this section, employee means an employee who is not a mining employee.

Subject to subsection (4), the period of long service leave to which an employee is entitled under this Act is – on the completion by an employee of at least 10 years' continuous employment with his employer– 8 2/3 weeks' long service leave in respect of the first 10 years' continuous employment with his employer; and 4 1/3 weeks' long service leave in respect of each additional 5 years' continuous employment with his employer; and on the termination of his employment, an additional period of long service leave in respect of the number of years' continuous employment with his employer since the last accrual of entitlement to long service leave under the foregoing provisions of this paragraph, such period of long service leave as bears the same proportion to 8 2/3 weeks as that number of years bears to 10 years; or in the case of an employee to whom this paragraph applies by virtue of subsection (3) who has completed 7 years', but has not completed 10 years', continuous employment with his employer such period of long service leave as bears the same proportion to 8 2/3 weeks as the total period of the employee's continuous employment with his employer bears to 10 years.

Subsection (2)(b) applies to – an employee who attains the age for retirement; an employee whose employment is terminated on account of illness of such a nature as to justify the termination of that employment; an employee who terminates his employment on account of incapacity or domestic or other pressing necessity of such a nature as to justify the termination of that employment; and an employee whose employment is terminated by his employer for any reason other than the serious and wilful misconduct of the employee.

For the purposes of subsection (3), an employee who terminates his employment on or after becoming eligible for a service pension under the Veterans' Entitlements Act 1986 of the Commonwealth shall be deemed to have attained the age for retirement.

In the case of an employee whose period of employment with an employer began before the commencement of the Long Service Leave Act 1964 and whose period of continuous employment with his employer would entitle him to long service leave under this section, the period of long service leave to which that employee is entitled is the total of the following periods, namely:a period calculated on the basis of 13 weeks for 20 years' continuous employment before the date of the commencement of that Act; and a period calculated on the basis of 13 weeks for 15 years' continuous employment on and after that date.