Long Service Leave
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40. Long Service Leave
40.1 Subject to the provisions of this clause, an employee who has completed a period of ten years’ continuous service in the employ of the University is entitled to 13 weeks' long service leave on full pay. 40.1.1 Provided that any employee employed prior to 19 April 1994: (a) with an entitlement to accrue three months’ long service leave on the completion of seven years’ continuous service shall maintain this entitlement, however the three months will be replaced by an entitlement of 13 weeks; (b) with an accrued entitlement of three months maintains that entitlement. 40.2 For each and every subsequent period of seven years’ continuous service an employee shall be entitled to an additional 13 weeks' long service leave on full pay. 40.3 An employee shall take long service leave accrued in accordance with subclauses 40.1 and 40.2 of this clause at any time within five (5) years of the leave becoming due at a time(s) mutually agreed. 40.3.1 Subject to 40.3.3, an employee who has not cleared long service leave within the 5 years as prescribed in 40.3 shall cease to accrue a further entitlement. Accrual of long service leave will resume once the employee has cleared part or all of the accrued entitlement. 40.3.2 In exceptional circumstances where operational requirements have prevented an employee taking long service leave within 5 years, the Vice-Chancellor may approve an extension up to two years 40.3.3 Subject to 40.3.1 above, if an employee has not been able to access long service leave within 5 years of accrual, the employee or the University may provide not less than 6 months notice for taking their long service leave. 40.4 Upon application by an employee, the Vice-Chancellor may approve of the taking by the employee - 40.4.1 of double the period of long service leave entitlement on half pay, in lieu of the period of long service leave entitlement on full pay; or 40.4.2 of half the period of long service leave entitlement on double pay, in lieu of the period of long service leave entitlement on full pay; or 40.4.3 of any portion of the employee's long service leave entitlement on full pay, or double such period on half pay or half such period on double pay; or 40.4.4 of pro-rata leave entitlement after seven years in the first qualifying period and each three and a half years of second and subsequent entitlements. 40.5 An employee who clears any pro-rata long service leave entitlement as provided for at subclause 40.4.4 of this clause shall not be liable to repay any monies representing pro-rata long service leave should the employee subsequently resign prior to the full entitlement accruing. 40.6 An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave. 40.7 Any holiday occurring during the period in which an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted. 40.8 A lump sum payment for the monetary equivalent of a long service leave entitlement accrued in accordance with this clause and for any pro rata long service leave based on continuous service of a lesser period than that prescribed by this clause for a long service leave entitlement shall be made in the following cases. 40.8.1 To an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than twelve months’ continuous service before the date of the employee’s retirement. 40.8.2 To an employee who, not having resigned, is retired for any other cause. Provided that no payment shall be made for pro rata long service leave unless the employee has completed not less than three years’ continuous service before the date of retirement. 40.8.3 To the estate of an employee or such other person as may be approved by the Vice-Chancellor, in the event of a death of an employee. Provided that no payment shall be made for pro rata long service leave unless the employee had completed not less than twelve months’ continuous service prior to the date of death. 40.8.4 An employee who resigns or whose appointment is terminated for any reason shall be paid the monetary equivalent of any long service leave entitlement accrued in accordance with subclause 40.1 or 40.2 of this clause and standing to the employee’s credit at the date of the employee’s resignation or termination of appointment. 40.9 A calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement, resignation or death, whichever applies, and no such payment shall exceed the equivalent of twelve months’ salary. 40.10 The expression “continuous service” in this clause includes any period during which an employee is absent on full pay or part pay from his duties, but does not include: 40.10.1 any period exceeding two weeks during which the employee is absent on leave without pay; 40.10.2 any service of the employee who resigns or is dismissed, other than service prior to such resignation or to the date of any offence in respect of which the employee is dismissed when such prior service has actually entitled the employee to long service leave under this clause. 40.10.3 subject to paragraph 40.10.5 below, any period of service between the fifth anniversary date of the employee having accrued an entitlement to long service leave, or a deferred commencing date approved by the Vice-Chancellor pursuant to this clause, and the date on which the employee clears that entitlement; 40.10.4 any service by an employee between the date by which long service leave entitlements are required to be cleared pursuant to subclause 40.3 of this clause, or a deferred commencing date approved by the Vice-Chancellor pursuant to subclause 40.3 of this clause and the date on which the employee clears the entitlement required; 40.10.5 any service by an employee who has been granted a deferment for the taking of long service leave by the Vice-Chancellor because of impending retirement pursuant to subclause 40.3 of this clause between a deferred commencing date approved by the Vice-Chancellor and the date the employee retires or clears a full entitlement to long service leave if the employee does not retire on the date nominated; 40.10.6 any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave. 40.11 The University will recognise service with other public universities and other public institutions where the institutions have reciprocal arrangements with the University. 40.12 The provisions of this clause shall not apply to casual employees
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