Procedure: Long service leave

Purpose

This procedure provides staff with information in relation to conditions specific to long service leave, including entitlement and the procedures for taking long service leave.

Procedure

1. Long service leave (LSL) is provided under the ANU Enterprise Agreement (Agreement), the ANU Policy: Staff leave and the Long Service Leave (Commonwealth Employees) Act 1976 (Cth) (the Act). To the extent of any inconsistencies between the Agreement or ANU Policy and the Act, and the inconsistencies would result in a detrimental impact on staff, the provisions of the Act will apply.

Long service leave entitlements

2. A staff member may take all or part of their accrued long service entitlement after ten years’ continuous service.
3. Long service leave is accrued at the rate of 1.3 weeks for every year of paid service.
4. Accrued long service leave may subsequently be taken at any time subject to notification, minimum period requirements and the University’s operational requirements.
5. In accordance with the ANU Procedure: Prior service recognition, the University may recognise previous continuous service with another Australian university or university body or approved authority as specified in the Long Service Leave (Commonwealth Employees) Act 1976 (Cth) for the purposes of long service leave provided that any break in service between previous employment and commencement at this University does not exceed 12 months. The University will not accept the transfer of any long service leave balances where the employee is eligible to be paid out long service leave with their previous employer.
6. Where a staff member has taken leave in the service of a recognised previous employer (defined in the Act), or where payment was made in lieu of leave entitlement on termination of employment, that service will be recognised as qualifying service for determining when the staff member is eligible to take any subsequently accrued long service leave.
7. For the avoidance of doubt, the staff member will not retain any entitlement to leave for the period of service with the previous employer for which:

1. leave has been taken;
2. payment in lieu has been made; or
3. where there was eligibility for payment.

8. The transfer of long service leave liabilities to a recognised employer, in lieu of payment on termination is not normal practice. In exceptional circumstances, requests will be reviewed on a case-by-case basis by the Chief People Officer.
9. The normal minimum period of long service leave which may be taken is one week, subject to clause 10 (b) and clause 11 (below).
10. Nothing prevents a staff member making an application to:

1. cash out part of their long service leave due to hardship, subject to approval of the Chief People Officer; and/or
2. have the long service leave payment made in a manner assisting the staff member, subject to approval of the local area delegate. For example: working four days a week and being paid one day long service leave on a weekly basis for a defined period.

11. The delegate may approve alternative arrangements for taking long service leave provided that the arrangements are agreed between the staff member and the supervisor and that they meet the staff member’s needs and operational requirements of the work area. Such arrangements may include variations in approved leave dates to accommodate agreed work requirements.
12. For the purposes of long service leave, salary will include:

1. higher duties allowance, at the rate in force at the date of commencement of leave or the date of payment, provided that the staff member has performed the higher duties for at least 12 months at the date of commencement of leave or the date of payment; and;
2. long service allowance at the rate in force as at the date of commencement of leave or the date of payment.

13. Subject to the operational requirements of the University, a staff member may extend their period of long service leave by taking the leave on half pay (instead of a shorter period on full pay).
14. A period of long service leave may be extended by:

1. accessing annual leave (subject to the conditions of the ANU Procedure: Annual leave); and
2. a public holiday falls which falls within or adjoins the long service leave period.

15. A staff member who becomes ill during a period of long service leave, where that illness is substantiated by a medical certificate, may apply to have their long service leave entitlement re-credited for the period covered by the medical certificate where they take the personal leave, in accordance with the ANU Procedure: Personal and wellbeing leave.

Pro-rata leave for part-time and casual staff members

16. Where a staff member works on a part-time or casual basis for part or all of the period of employment, they will be paid long service leave entitlements pro rata, based on the full-time salary at the time of leave, for the period of leave having regard to employment over the ten-year qualifying period.
17. In the case of casual staff members, they must meet the ten-year qualifying period, without a break in service of more than 12 months between hours worked; and have been a casual staff member of the University from the date of effect of the ANU Enterprise Agreement 2023 – 2026 (5 December 2023).
18. The calculation of service for the purpose of long service leave entitlements for casual professional staff will equate to hours worked; and it will be in accordance with clause 17 (above).
19. The calculation of service for the purpose of long service leave entitlements for casual sessional academic (CSA) staff will equate to the hours associated per unit of CSA activity undertaken; and will be in accordance with clause 17 (above).

Long service leave notice periods

20. Where a staff member gives at least six months’ notice, the time of taking long service leave will be at their choosing, unless the University establishes in exceptional circumstances that arrangements cannot reasonably be put in place that would allow the leave to be taken at the requested time.
21. Where a staff member gives less than six months’ notice, an application for long service leave will be considered subject to the operational requirements of the University.
22. This notice period does not apply where a staff member applies for long service leave during a period of approved unpaid parental leave.

Excess long service leave management

23. A staff member who has accrued more than 15 weeks’ long service leave entitlements may be required, on six months’ written notice, to take up to seven weeks of such leave at a time convenient to the University.
24. A staff member who has given written notice of their intention to retire will not be required to take long service leave within 24 months of retirement.
25. Where a staff member has not sufficiently reduced their long service leave balance after receiving written notice in accordance with clause 23 (above), the University will require the staff member to take the specified period of leave. A staff member will not be required to take the specified period of leave where an agreed leave management plan has been approved.

Pay-out on cessation of employment

26. A staff member who ceases employment before their ten-year qualifying period for long service leave will be entitled to payment equivalent to salary for the period of accrued leave if their period of continuous employment is not less than the relevant minimum qualifying period specified in the following table:

Leave application process

27. Where practicable, and in accordance with relevant notice requirements, all staff are required to submit an online leave application in advance of the intended leave.
28. A delegate must exercise their delegation to approve a leave application in accordance with the conditions and approval arrangements specified in this procedure.
29. Approval of leave beyond those provided for through this procedure require approval from the Chief People Officer or the Vice-Chancellor and President.