Human Resources

University Policy on Long Service Leave

Policy No.
UP07/224
Function
Human Resources
Authoring Organisational Unit
Human Resources - Central Unit
Date Approved
18/10/2010 Revised 06/05/2015
Next Review Date
06/05/2017
Approving Body
Senior Deputy Vice-Chancellor And Registrar

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The University of Western Australia

University Policy on: Long Service Leave

Purpose of the policy and summary of issues it addresses:

This policy outlines the intent of long service leave as well as employees' entitlement, notice period requirements, conditions of payment, limitations and expectations for leave clearance.

Definitions:

"Accrual period" means a designated period of time in which leave accrues. The period of time is dependent on the leave type.

"Approved Delegate" means a position granted authority to act on behalf of the Vice Chancellor with varied levels of authority in line with the University's Delegations.

"Continuous service" means a period of service at the University without a break (continuous employment).

"Employee" means a person employed by the University who has an ongoing or fixed term contract under the terms of the following Agreements (as amended or replaced from time to time): Academic Staff Agreement, Professional & General Staff Agreement, ELICOS Teachers Agreement, Child Care Employees' Agreement.

"Excess leave" means an annual leave accrual of more than eight weeks.

"FTE" means full time equivalent, eg, an FTE of 1.0 means an employee is equivalent to full-time, while an FTE of 0.5 means the employee works half-time.

"Full long service leave entitlement" means actual leave accrued that an employee is entitled to, having completed a full accrual period.

"Pro rata leave" means the portion of leave that an employee has accrued prior to a full accrual period.

"Supervisor" means the person who is responsible for day-to-day supervision of the employee.

"University" means The University of Western Australia.

Policy statement:

The University encourages employees to establish a balance between their working and personal lives. The purpose of long service leave (LSL) is to provide rest and recreation and to reward employees who have worked for the University for a long period of time.

Effective leave management is critical to the operation of the University. Supervisors are accountable for their employees' leave and are required to have leave management plans in place.

The provisions of this policy do not apply to casual employees.

1 Entitlements

1.1 Employees are entitled to 13 weeks LSL on full pay on completion of the first period of ten years continuous service.

1.2 Professional and General Staff are entitled to an additional 13 weeks LSL on full pay on completion of subsequent periods of seven years continuous service.

1.3 Academic Staff are entitled to an additional 13 weeks LSL on full pay on completion of subsequent periods of ten years continuous service.

1.4 For the purposes of determining an employee's entitlement, 'continuous service' will include -

1.4.1 any period during which an employee is absent on full or part pay,

1.4.2 any periods of leave without pay granted to take up an assignment with one of the international schemes for developing countries (UNESCO or WHO) for which the University has given its approval.

1.5 For the purposes of determining an employee's entitlement, 'continuous service' will NOT include -

1.5.1 any period greater than two weeks leave without pay except as provided at sub-clause 1.4.2,

1.5.2 any period between the date a LSL entitlement is to be cleared in accordance with sub-clause 4 and the date on which the employee clears the entitlement, and

1.5.3 any period between the granting of a deferment pursuant to sub-clause 10.3 and the date the employee retires or clears a full entitlement, if the employee does not retire on the date nominated.

2 Pro-Rata

2.1 Academic employees may access their pro-rata LSL entitlement after seven years in the first and subsequent qualifying periods.

2.2 Professional and General Staff may access their pro-rata LSL entitlement after seven years in the first qualifying period and after each three and a half years of the second and subsequent qualifying periods.

2.3 Employees with excess annual leave should reduce their annual leave in accordance with excess leave clearance provisions contained in the Annual Recreation Leave Policy before accessing pro‑rata LSL.

2.4 Employees who have accessed pro-rata LSL are not required, on exiting the University, to repay any monies representing the pro-rata leave.

3 Notice to Apply

3.1 Notice of more than six months

When notice is submitted more than six months before commencement of LSL, the timing will be at the employee's choosing. In exceptional circumstances, when arrangements cannot reasonably be put in place, the University may not approve this leave.

3.2 Notice of less than six months

When notice is submitted less than six months before the anticipated commencement of LSL, approval will be considered subject to the operational requirements of the University. Approval of leave shall not be unreasonably withheld.

4 Clearance of Leave

Employees are expected to clear actual LSL entitlements as soon as possible and within five years of the entitlement becoming due.

4.1 Academic Staff who do not clear the full LSL entitlement within five years of it becoming due, will cease to accrue any further LSL until the entitlement is cleared.

4.2 Professional and General Staff who do not clear a minimum of six weeks of their entitlement within five years of it becoming due, will cease to accrue any further LSL until a minimum six weeks of the entitlement is cleared.

5 Extension/Deferment to Clearance of Leave

5.1 When LSL is denied on the basis outlined in sub-clause 3.1 of this policy, the employee is deemed to have approval to defer taking long service leave. Alternative arrangements for clearing leave are to be agreed within one month of the leave being denied, and at the employee's convenience.

5.2 In exceptional circumstances, operational requirements of a work area may prevent an employee from clearing their LSL within five years of the entitlement becoming due. In these circumstances the University will approve an extension mutually agreed between the University and the employee.

6 Conditions of Payment

6.1 Employees may apply for LSL at:

  • full pay, or
  • double the period of entitlement on half pay, or
  • half the period of entitlement on double pay, or
  • any combination of the above.

6.2 Employees who had variations in hours (excluding overtime hours - Professional and General Staff only) or whose hours during the accrual period were less than their ordinary working hours at the commencement of LSL, may elect to take a lesser period of LSL calculated on the average full time equivalent (FTE).

7 Illness While On Long Service Leave

Where an employee is ill for a period of time during LSL, refer to leave provisions contained within the Personal Leave policy.

8 Other Paid Employment

State legislation precludes employees from engaging in any paid employment whilst on LSL. If an employee undertakes paid work whilst on Long Service Leave, the legislation requires the employer to withhold payment of leave and the employee will forfeit their right to take Long Service Leave.

This preclusion will not apply when:

  • an employee commences a period of Long Service Leave immediately prior to termination of employment, or
  • an employee has two part-time jobs and takes Long Service Leave in Job A. The employee can continue to work their normal hours in Job B, to a total of 1.0 FTE equivalent.

9 End of Year Closedown and Public Holidays

9.1 Public holidays observed by the University (including the end of year closedown period) that occur during an employee's LSL absence will not be debited from the employee's leave balance.

9.2 Public holidays not observed by the University that occur during an employee's LSL absence will be debited from the employee's leave balance.

10 Termination/Retirement

10.1 Accrued Long Service Leave

Employees whose appointment ceases for any reason will be paid any accrued LSL (excluding pro-rata) as at the termination date.

10.2 Pro-rata Long Service Leave

Employees who are not resigning or expiring from the University will receive a lump sum payment for pro-rata LSL where:

  • an employee genuinely retires. This would be where the employee qualifies for the Aged Pension or qualifies to access a superannuation benefit and the employee intends to leave the paid workforce prior to the date of retirement, or
  • an employee is retired for ill health or any other cause and the employee has completed at least three years continuous service prior to the date of retirement, or
  • employment has been terminated by the University for any reason other than serious misconduct and the employee has served a minimum continuous period of employment for five years, or
  • an employee who has died has completed at least 12 months continuous service prior to the date of death, with the payment being made to an estate or other nominated person approved by the University.

10.3 Employees are not obliged to clear long service leave within 24 months of the intended date of retirement.

10.4 Long service leave, when eligible to be paid out upon ceasing employment at the University, is calculated at the rate of salary at the date of cessation.

11 Recognition of Prior Service - Accruals

Employees are required to work for a minimum period of three years before accessing a prior service entitlement. Access to Long Service Leave prior to three years is at the discretion of an Approved Delegate.

Refer Recognition of Prior Service Policy.

- Download Staff Leave Application Form from web

- Complete all sections of the form

- Pass form to Approved Delegate for approval

- Send form to HR - Employment, M350 once approved

Related forms:

Staff Leave Application Form

TRIM File No:

F29024

Contact position:

HR Services - Employment

Related Policies or legislation:

Academic Staff Agreement

Professional and General Staff Agreement

ELICOS Teachers Agreement

Childcare Employees Agreement

Recognition of Prior Service - UP07/194

Personal Leave - UP07/222

Annual Recreation Leave - UP07/221

Long Service Leave Act 1958 - Section 27

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