Long service leave for SA public sector employees

Who these rules cover

The rules apply to Public Service employees and to other public sector employees that the regulations bring in. These include parliamentary officers, SA Fire and Emergency Services staff, and public sector employees with no other long service leave entitlement (Determination 3.1 Section D Part 2). Casual employees are covered if they meet the effective service rules (Section D Part 1).

Most public health sector staff get matching leave through the Health Care Regulations 2008. Teachers, nurses, police and local government have their own arrangements.

How much leave you get

You accrue 9 calendar days of long service leave for each completed year of effective service (Sch 1 cl 7(1)). Nine calendar days is 1.29 weeks. You cannot take any of it, or be paid for it, until you have 7 years of effective service (Sch 1 cl 7(2)(a)).

From 15 years you also earn skills and experience retention leave: one-third of a working day for each completed month, or 4 working days a year (Sch 1 cl 7(1a); Determination 3.1 Section E Part 1). It counts as long service leave, but it must be used within 5 years or converted to money, or it lapses (Sch 1 cl 7(4a)-(4c)). The calculator does not include it.

If you have service before 1 July 2011, your 16th and later years earned 15 calendar days each, and service before 1 July 1986 has its own rules (Determination 3.1 Section D Part 1, Appendix 1). Long-serving employees may be owed more than the table shows.

What happens when you leave

With 7 or more years of effective service, you are paid for your untaken leave whatever the reason you leave, including dismissal. If you die, the payment goes to your personal representative or dependants (Sch 1 cl 9(2), cl 11). The payment counts completed months, not just completed years (Determination 3.1 Section G Part 8).

With less than 7 years, nothing is paid, whatever the reason (Sch 1 cl 7(2)(a)).

Earlier government service

If you start within 3 months of leaving the SA, Commonwealth, another State or a Territory government, your earlier service can count to the extent the Commissioner determines (Sch 1 cl 10). Determination 3.1 also recognises Australian public universities and local government. For interstate, Commonwealth, university and council service, recognition depends on the old employer paying out or transferring the value of your leave. If you had too little service for a payout, it is still recognised (Section G).

If your old employer already paid out your leave, that leave is gone, but the years still count towards future accrual (Section G Part 5).

Taking leave, half pay and cashing out

You apply for leave. Your agency cannot direct you to take it (Section D Part 3). Periods of 7 days or more are counted in calendar days, including weekends and public holidays. Shorter periods are taken in working days, each costing 1.4 calendar days (Section D Parts 3, 12).

You can take leave on half pay for twice as long. The first half is paid and the second half is treated as leave without pay, so the application must be for an even number of days (Section D Part 5).

Your agency may pay you instead of leave if you apply (Sch 1 cl 9(1)). A cash-out while you stay employed covers completed years only (Section G Part 8).

You are paid your normal salary plus listed allowances, such as locality and qualification allowances, and you can ask for it in advance (Sch 1 cl 8; Section D Part 4). Part-time and casual staff choose between being paid in hours or in calendar days at the full-time rate (Section D Part 7).

How this differs from the SA Long Service Leave Act

The private-sector Act gives 13 weeks after 10 years and 1.3 weeks a year after that. It pays nothing on dismissal for serious and wilful misconduct between 7 and 10 years, and counts completed years only (s 5). The public sector rule gives slightly less per year (12.86 weeks at 10 years), but you can use it from 7 years and it is paid on any exit after 7 years.