Long service leave forms part of the National Employment Standards (NES), and applies to all employees regardless of any award, agreement or contract. An employee gets long service leave after a period of continuous service with same employer. The NES currently sets out a transitional entitlement pending the development of a uniform national long service standard.
Most employees' entitlement to long service leave comes from long service leave laws in each state or territory, or from a pre-modernised award (with some exceptions). From January 2010, modern awards cannot include terms for long service leave, and the relevant state or territory laws will apply.
Depending on the relevant law, an employee may be entitled to long service leave after a period of continuous service ranging from seven to 15 years with the same or related employer.
For further information, visit Fair Works Ombudsman (www.fairwork.gov.au/leave/long-service-leave)
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