Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to all employees, other than seasonal employees.
(2) An employee is entitled to long service leave on full pay of--
(a) for the first 10 years continuous service--8.6667 weeks; and
(b) if the employee has completed at least a further 5 years continuous service--another period that bears to 8.6667 weeks the proportion that the employee's further period of continuous service bears to 10 years.
(3) An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee's service.
(4) However, if the employee's service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if--
(a) the employee's service is terminated because of the employee's death; or
(b) the employee terminates the service because of--
(i) the employee's illness or incapacity; or
(ii) a domestic or other pressing necessity; or
(c) the termination is because the employer--
(i) dismisses the employee for a reason other than the employee's conduct, capacity or performance; or
(ii) unfairly dismisses the employee; or
(d) the termination is because of the effluxion of time and--
(i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and
(ii) the employee was prepared to continue the employment with the employer.
(5) Long service leave is exclusive of a public holiday that falls during the period of the leave.
(6) An employee who is entitled to long service leave elsewhere than under this Act, is entitled to leave that is at least as favourable as the entitlement under this section.
(7) For the purposes of working out when an employee may take long service leave, only two-thirds of the employee's continuous service completed before the commencement of this subsection counts as continuous service.
(8) Subsection (7) does not reduce an entitlement to long service leave that an employee has accrued before subsection (7) commences.
Examples of subsections (7) and (8)--
An employee has completed 15 years continuous service immediately before the commencement. The 15 years counts as 10 years continuous service for working out when the employee may take long service leave. The employee may take the leave immediately. The employee's entitlement then is 13 weeks (15 x 0.86667 weeks).
An employee has completed 10 years continuous service immediately before the commencement. The 10 years counts as 6.6667 years continuous service for working out when the employee may take long service leave. The employee may take the leave after completing another 3.3333 years continuous service. The employee's entitlement then will be 11.5556 weeks ([10 + 3.3333] x 0.86667 weeks).
An employee has completed 1 year continuous service immediately before the commencement. The 1 year counts as 0.6667 years continuous service for working out when the employee may take long service leave. The employee may take the leave after completing another 9.3333 years continuous service. The employee's entitlement then will be 8.9556 weeks ([1 + 9.3333] x 0.86667 weeks).
An employee starts employment after the commencement. The employee may take long service leave after completing 10 years continuous service. The employee's entitlement then will be 8.6667 weeks (10 x 0.86667 weeks).
(9) In this section--
proportionate payment means a payment equal to the employee's full pay for a period that bears to 8.6667 weeks the proportion that the employee's period of continuous service (stated in years, and a fraction of a year if necessary) bears to 10 years.