Long service leave for NT Public Sector employees

Who these rules cover

The agreement covers NTPS employees employed under the Public Sector Employment and Management Act 1993 who fall within its schedules, such as administrative, professional, technical and physical staff. Casual employees are not entitled to long service leave (cl 89.2(a)).

Firefighters, correctional officers, teachers, nurses and police have their own agreements.

How much leave you get

After 10 years of continuous service you get 3 calendar months of paid long service leave. After that you get an extra 9 calendar days for each further completed year (cl 89.2(a)). This page treats 3 months as 13 weeks and 9 days as 1.29 weeks.

You must use the 10-year entitlement, and the entitlement for years 11 to 20, within 3 years of it accruing, unless your CEO agrees to defer it. If you do not, you can be directed to take the 10-year entitlement or have it cashed out (cl 89.3). Some longer-serving staff are exempt (cl 89.3(c)).

What happens when you leave

With 10 or more years, you are paid in lieu whatever the reason you leave (cl 89.14(a)). After just 1 year, you are paid if you retire for invalidity under s 48 of the Act, leave at 55 or older, are made redundant, or die (cl 89.14(b)). The payment is completed years and months × 0.3 months of salary, less leave already taken or paid (cl 89.14(e)).

If you resign or your contract ends between 7 and 10 years, you get a smaller special payment: 22.5 calendar days after 7 completed years, 45 after 8 and 67.5 after 9 (cl 89.15). It does not apply if your employment ends for discipline, inability (other than medical) or unsatisfactory performance.

Otherwise nothing is paid before 10 years.

Earlier service

After 2 years in the NTPS, your CEO may recognise service with a recognised employer (cl 89.10(a)). With a gap of 2 months or less, you get the full 3 months after 10 years of qualifying service. With a gap of more than 2 but no more than 12 months, the 10-year amount is based on 9 days per year of NTPS service only. A gap of more than 12 months breaks continuity (cl 89.10(b)). You need a statement from your old employer, and leave you were paid out cannot be bought back (cl 89.10(e), 89.12).

Taking leave, half pay and cashing out

Leave is granted in months and tenths of a month, with a minimum of 7 calendar days (cl 89.6(b)). You can take it on full pay, or on half pay for up to twice as long in multiples of 3 days (cl 89.6(a)(i)-(ii)). Or you can take at least half as leave and have the rest paid out (cl 89.6(a)(iii)). Weekends and public holidays are part of the leave (cl 89.8).

You are paid your ordinary salary, including qualification, all-purpose and higher duties allowances and NT Allowance if you stay in the Territory, but not shift penalties (cl 89.7).

How this differs from the NT Long Service Leave Act

The private-sector Act gives nothing to an ordinary resignation between 7 and 10 years, and it requires 7 years for any pro rata payment. NTPS staff get the resignation scale above, and payouts from 1 year for redundancy, age 55+ or death. NTPS casuals miss out, however.