Private sector employers and employees
Telephone: 1300 655 266
Mailing address
Locked Bag 100
East Perth WA 6892
This page provides information on the provisions of the Long Service Leave Act 1958 (WA). For more information see the main Long Service Leave page.
An employee’s entitlement to long service leave on termination depends upon the length of their period of continuous employment and if they were dismissed for serious misconduct.
When an employee with at least 7 but less than 10 years of continuous employment is terminated, they are entitled to pro rata long service leave on the basis of 82/3 (8.667) weeks for 10 years of continuous employment.
This entitlement:
Full entitlement – 10 years or more of continuous employment
An employee whose employment is terminated for any reason is entitled to:
Pro rata entitlement – more than 10 years of continuous employment
When the employment of an employee with more than 10 years but less than 15 years of continuous employment is terminated, they are entitled to pro rata leave.
This entitlement:
When the employment of an employee with more than 15 years but less than 20 years of continuous employment is terminated, they are entitled to pro rata leave.
This entitlement:
When the employment of an employee with more than 20 years but less than 25 years of continuous employment is terminated, they are entitled to pro rata leave.
This entitlement:
This pro rata entitlement (calculated on the on the basis of 82/3 weeks for 10 years of continuous employment) will also apply to each year of employment since an employee completed 25, 30, 35 years etc. of employment.
Wageline's Long service leave calculation guide can help determine an employee's long service leave entitlement.
Serious misconduct is unacceptable or improper behaviour of a substantial nature. The onus is on the employer to prove that dismissal for serious misconduct was warranted.
Determining whether an employer has justifiably dismissed an employee for serious misconduct is always assessed according to the facts particular to that situation.
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