Long service leave for Tasmanian State Service employees

Who these rules cover

The Act covers State Service officers and employees, and anyone else employed full-time or part-time by a State authority or prescribed employer, including staff under an industrial award (s 3).

It does not cover workers under the construction or local government long service schemes, or authorities the Minister has exempted (ss 5, 6). Teachers, nurses, police and local government have separate pages or arrangements.

How much leave you get

You are credited with long service leave at least once a year. The formula gives a full-time employee 6.5 working days (1.3 weeks) for each year of continuous employment (s 12). You become entitled to take it after 10 years (s 7). Part-time service counts, and your credit reflects the hours you worked (ss 11, 12).

Your balance cannot go over 100 days (20 weeks) unless the Minister responsible for your agency gives you permission to keep more (ss 15, 16).

What happens when you leave

With 10 or more years, you are paid an allowance equal to the salary for your leave whatever the reason you leave or if you die (s 20(1)(b), (2)).

With at least 7 but less than 10 years, you are paid only if you leave because of ill-health or resign because of a domestic or other pressing necessity. You are also paid if you retire, are made redundant, your contract is not renewed, you are dismissed for anything other than serious and wilful misconduct, or you die (s 20(1)(a)). Retiring means leaving at or after the retirement age in your employment Act, or 55 if none is set (s 3).

An ordinary resignation, or dismissal for serious and wilful misconduct, before 10 years gets nothing. Nothing is paid under 7 years.

Earlier government service

If you join within 3 months of leaving the Commonwealth, another State or a Territory, including their statutory bodies but not local government, up to 65 days of the leave you built up there can be credited, as long as you were not paid for it (s 9). Moving between State positions does not break your service if you start the new job within 3 months. A gap of 3 months or more does (s 10).

Taking leave and pay

Apply at least one month ahead, unless there are exceptional circumstances. Your agency must decide within a month and give written reasons for any refusal (s 8). The minimum period is 5 days, and you can split leave into more than one period (s 8(6)-(7)). If your leave is refused, at least half your entitlement (or 5 days, if more) must be granted within 2 years (s 8(9)). Three or more days of certified sickness during leave are re-credited (s 13(3)).

You receive the salary you would have been paid at work (s 18), in advance if you ask (s 19). Salary includes award allowances, allowances for your permanent position and continuing higher duties, but not overtime, shift, stand-by, travel or meal payments (s 4).

The Act has no half-pay, double-pay or cash-out option, and agreements that vary the Act have no effect (s 28).

How this differs from the Tasmanian Long Service Leave Act

The private-sector Act gives 8.67 weeks after 10 years and 4.33 weeks for each further 5 years. State employees get 13 weeks after 10 years and keep earning 1.3 weeks a year. The 7 to 10 year payout also covers contract non-renewal and dismissal for reasons other than serious and wilful misconduct.