We’ve had a few questions recently from HACSU members about their entitlements surrounding
long service leave and how parental leave interacts with it – here’s what you need to know.
Your long service leave is governed by the Tasmanian Long Service Leave Act (1976), and it has a
few different provisions in it about how long service should be paid, when it can be taken and
what counts as ‘continuous service’.
Your continuous service is the time you’ve worked that goes towards accruing your long service
leave. As you’d probably know, you’re able to access your LSL to take leave after ten years of
continuous employment.
Continuous employment means the total duration of your employment, including all types of paid
leave but excluding periods of unpaid leave.
If you’re a permanent employee, the payment for your long service leave is calculated based on
your projected roster, or as the Act says, paid as it’s to be worked.
You’re still entitled to LSL if you’re a casual, but only times where you’ve worked at least 32 hours
over a four-week period will count as continuous employment. For payment, it’s based on your
average earnings for the year and shift allowances and penalties you’d normally get (but not
overtime).
If there’s a public holiday during your LSL you won’t get paid penalty rates, but the public holiday
shouldn’t be deducted from your LSL balance either. As per the Act, it’s just a public holiday not
worked. The only exception to this would be if you came in and broke up your LSL and worked on
the public holiday, in which case you’d need to be paid the appropriate penalties.
For parental leave, the entitlement in your EA sees you with 12 weeks paid once you’ve
completed 52 weeks (or one year) of continuous service with Healthscope, or 24 weeks at half
pay. Your Agreement sets out that it’s paid at the rate of personal leave.
In terms of taking parental leave before your long service leave and what interaction these forms
of leave have with each other, if you’re a permanent employee when calculating your LSL
payment, it will still be based on when you return to work and what the hours to be worked
would be when LSL is being taken, rather than what you’re paid on parental leave.
If you’ve got any further questions about these entitlements, or anything else, please make sure
you get in touch with HACSUassist on 1300 880 032 or via [email protected]