Leave entitlements from an employer is a touchy subject. You are an employee, and you can’t just decide on your own when to take time off. It’s also a fact that not all leave entitlements are the same.
In NSW for example, there are long service leave entitlements which can be taken by employees who have completed 10 years of continuous employment with their current employer. If you join a new employer or take up a new role, you are entitled to an initial period of leave which can be consistent with your previous employers long service leave entitlements.
In addition to this long service leave entitlement, there is also a payment entitlement for employees who have completed 5 years of employment and who have reached the age of 55. This is known as ‘minimum wage’ leave and the amount payable for this length of employment can be seen in the table below.
For the first 7 years of service, employees are entitled to unpaid minimum wage leave. After 7 years, the amount payable to employees under this entitlement increases by 1% over each subsequent year or by 3% at age 60 and thereafter.
Employees who have accrued leave under these entitlements can apply for payment after the standard waiting period of 3 years. The actual payment will depend on a number of factors, including age and position in the company. If the employee is not employed at the time of application, they will be entitled to an enhanced rate immediately.
There is a 3 year waiting period to access long service leave. This can be reduced if the employee is terminally ill.
Leaves of absence are used for personal needs and you may be eligible for an extension to your leave entitlement if this is the case. However, you will need to provide medical confirmation of your condition and these requests need to be made before the original leave period expires. Leave extension applications can be made at any time and employers have the right to refuse these requests if they are considered unreasonable.
