Western Australian Consolidated Acts

LONG SERVICE LEAVE ACT 1958 - SECT 8

8 .         Long service leave

        (1)         An employee is entitled in accordance with, and subject to, the provisions of this Act, to long service leave on ordinary pay in respect of continuous employment with one and the same employer, or with a person who, being a transmittee, is deemed pursuant to section 6(4) to be one and the same employer.

        (2)         An employee who has completed at least 10 years of such continuous employment, as is referred to in subsection (1), is entitled to an amount of long service leave as follows — 

            (a)         in respect of 10 years so completed, 8  ² / ₃  weeks;

            (b)         in respect of each 5 years’ continuous employment so completed after such 10 years, 4  ¹ / ₃ weeks; and

            (c)         on the termination of the employee’s employment — 

                  (i)         by his death;

                  (ii)         in any circumstances otherwise than by his employer for serious misconduct,

                in respect of the number of years of such continuous employment completed since the employee last became entitled under this Act to an amount of long service leave, a proportionate amount on the basis of 8  ² / ₃  weeks for 10 years of such continuous employment.

        (3)         Where an employee has completed at least 7 years of such continuous employment since the commencement thereof, but less than 10 years, and the employment is terminated — 

            (a)         by his death; or

            (b)         for any reason other than serious misconduct,

                the amount of leave to which the employee is entitled shall be a proportionate amount on the basis of 8  ² / ₃  weeks for 10 years of such continuous employment.

        (4)         If an employee has completed at least 9 but less than 15 years continuous employment prior to the commencement day, then, despite subsection (2)(a), the employee cannot take long service leave under subsection (2)(a) until after —

            (a)         if the employee has completed at least 14 years continuous employment prior to the commencement day — completing 15 years continuous employment; or

            (b)         in any other case — 12 months after the commencement day.

        (5)         Subsection (4) does not apply if the employee and his or her employer agree to that effect in writing.

        (6)         Subsection (4) does not apply in respect of a period of continuous employment prior to the commencement day in respect of which the employee has become entitled to take long service leave.

        (7)         An employee who becomes entitled to take long service leave under subsection (2)(a) in accordance with subsection (4) or (5) also becomes entitled to take long service leave under subsection (2)(b), in respect of the period of continuous employment that exceeds 10 years, pro rata.

        (8)         Subsection (7) does not apply to an employee if, before being granted the long service leave, the employee completes 15 years continuous employment.

        (9)         If an employee takes long service leave in accordance with subsection (7), the employee is entitled, after completing 15 years continuous employment, to take the remainder of his or her entitlement under subsection (2)(b) not already taken in accordance with subsection (7).

        (10)         In subsections (4) and (6) —

        commencement day means the day on which the Labour Relations Legislation Amendment Act 2006 Part 7 Division 2 came into operation  ¹ .

        [Section 8 inserted by No. 37 of 1964 s. 5; amended by No. 79 of 1995 s. 49; No. 36 of 2006 s. 56.]

[ 8A.         Deleted by No. 36 of 2006 s. 57.]