Most employees in NSW are entitled to be paid their normal gross wage for two months of long service leave after providing ten (10) years of continuous service to their employer. However, there are some provisions that can entitle an employee to access a pro rata amount of their long service leave after five years under the Long Service Leave NSW Act.
Can long service leave NSW be accessed after only five years?
In NSW, employees who provide five years of continuous service to their employer may be able to access long service leave if they need to resign due to the following:
- Incapacity; or
- Domestic or other pressing necessity.
As an employee, include the reason for resignation in your resignation letter to enable you to be paid a pro rata of the 2 months’ long service leave.
What if I was terminated?
Even if an employee has had their employment terminated for any reason other than serious misconduct or if the employee dies and they have been continuously employed for the last five years, then they will be able to claim pro rata long service leave.
What if I have worked less than five years?
It is a benefit only for employees who have provided continuous service to their employer for at least five years. You could have worked 1 day less than 5 years and not be covered if you resigned due to one of those reasons above or you had your employment terminated just one day prior to it being five years.
Special conditions for cleaners and construction workers
If an employee in NSW is a registered worker under the Building and Construction Industry Long Service Payment Act 1974 or the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010, then the employer must not pay out any long service leave unless the employee applies to the employer for the long service leave.