Local Government (Long Service Leave) Regulations 2021

Subject to these Regulations, every member who has completed an initial period of 10 years of recognised service is entitled to—

3 months long service leave with ordinary pay; and

one-tenth of 3 months long service leave with ordinary pay in respect of each additional year of completed recognised service.

Subject to these Regulations, a member is entitled to—

access their long service leave entitlement after completing an initial period of 7 years of recognised service; and

one-tenth of 3 months long service leave with ordinary pay for each year of that service.

Subject to regulation 21, the long service leave entitlement for a part-time or casual member is to be calculated on a pro rata basis.

This regulation applies to a member who has completed an initial period of 7 or more years of recognised service and who voluntarily terminates their employment.

The member may, in writing, request that the Council grant pay instead of long service leave.

If a request is made under subregulation (2), the Council must pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service.

If the member intends to commence work with another Council or a public service body or special body, the member may elect to defer the taking of the long service leave entitlement because—

the member does not intend to take the long service leave to which the member is entitled; or

before their termination becomes effective, the member does not request pay instead of that leave.

If the member elects to defer the taking of the long service leave entitlement under subregulation (4)—

in the case of a member who intends to commence work with another Council, the Council must transfer the long service leave entitlement to the other Council with the payment to be transferred under regulation 19(3); or

in the case of a member who intends to commence work with a public service body or special body, the Council must pay to the public service body or special body (as the case requires) an amount equal to one‑fortieth of one month's ordinary pay for each completed month of recognised service of the member calculated in accordance with these Regulations.

If, before the member's termination becomes effective, the member has not taken the whole of the long service leave to which the member is entitled or pay instead of that leave, or deferred the taking of the long service leave entitlement under subregulation (4)—

the member is not entitled to take the remaining long service leave with pay; and

the Council must pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service.

Subject to these Regulations, a member who has completed 5 or more years of recognised service is entitled to long service leave at the rate of one‑tenth of 3 months leave for each completed year of recognised service if the member—

retires because of age or ill-health; or

has their services terminated for any reason (except serious or wilful misconduct or for poor performance); or

voluntarily terminates their employment—

because of impending parenthood; or

while on parental leave.

A member who ceases employment in any of the circumstances set out under subregulation (1) may, by notice in writing to the Council, elect to take pay instead of all or any part of the long service leave to which the member is entitled.

If a member makes an election under subregulation (2), the Council must pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service.

If a member who ceases employment in any of the circumstances set out under subregulation (1) has not taken the whole of the long service leave to which the member is entitled or pay instead of that leave before their termination or retirement becomes effective—

the member is not entitled to take the remaining long service leave with pay; and

the Council must pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service.

A member who has completed an initial period of 7 years of recognised service and who has been terminated for serious or wilful misconduct or for poor performance is entitled to one-tenth of 3 months long service leave with pay based on the member's ordinary pay for each year of that service.

A member referred to in subregulation (5) is not entitled to take the long service leave with pay and the Council must pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service.

For the purposes of this regulation, a member retires—

because of age, if on or after attaining the age of 55 years the member ceases to be a member; or

because of ill-health, if the member has ceased to be a member because of ill-health that is assessed as likely to be permanent at the time of retiring—

by a medical practitioner approved by the Council; and

in accordance with the applicable rules under the Council's recognised superannuation fund for assessing eligibility for access to benefits.

A member who has completed 5 or more years of recognised service and who dies before or while taking long service leave is entitled to be granted pay instead of long service leave at the rate of one-tenth of 3 months ordinary pay for each completed year of recognised service.

If the member dies before or while taking long service leave, or before being paid in full for long service leave, the Council must pay to the legal personal representative of the member (as the case requires)—

the pay which the member elected to take; and

pay instead of any long service leave to which the member was entitled and which the member had not taken, or for which the member had not been paid.

For the purposes of calculating a member's entitlement to long service leave or pay instead of that leave under these Regulations, the member's period of recognised service must be calculated in accordance with regulations 11, 12 and 13.

The period of recognised service may be made up of aggregated periods of service if those periods are not continuous.

The member's period of recognised service must include any period during which the member was absent from work for any of the following reasons—

the taking of long service leave by the member;

the taking of any paid leave by the member including personal, annual, and parental or sick leave;

action by the Council with the intention of avoiding obligations in respect of long service leave or annual leave;

service in a temporary capacity by the member in the defence forces of the Commonwealth (other than service as a member of the permanent defence forces whilst the member is also employed by the Council);

the taking by the member of unpaid sick leave where the absence from work was not—

more than 6 months in total in the initial 10 year entitlement period; or

one-tenth of 6 months in total in each subsequent annual entitlement period;

an injury for which weekly payments or compensation are payable to the member under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013;

service by the member on temporary assignment with another Council or a person or body referred to in regulation 13(4).

For the purposes of subregulation (1)(a) the period of recognised service during a period of leave on half pay must be calculated on a pro rata basis.

any absence due to the taking of unpaid leave by the member (except unpaid sick leave as provided under regulation 11(1)(e)); or

if the member's employment with the Council was terminated or the member retired due to ill-health or age (within the meaning of regulation 8(7)) and the member has recommenced employment with the Council more than 12 months after the date of termination or retirement, any service prior to that date; or

any service prior to an absence referred to in paragraph (a) that exceeds 12 months unless the absence is for parental leave approved under the National Employment Standards under section 76 of the Fair Work Act 2009 of the Commonwealth.