Leave - Long Service

Leave - Long Service

SUMMARY

The Long Service Leave Policy and Procedure establish the principles relating to long service leave, and the steps associated with accessing long service leave entitlements for all eligible staff.

POLICY

PurposeTo detail the principles related to long service leave.

Overview

The purpose of long service leave is to recognise a staff member’s length of continuous service at the University.  

Long service leave is designed to give periods of rest and relaxation.

All staff members are encouraged to take their entitlement to long service leave.   

Scope

This policy applies to all Academic and Professional staff employed at Macquarie University under the relevant industrial instrument.

DEFINITIONS
Calendar day: all days in a month, including weekends and public holidays.

Concessional days: the three days paid leave granted to University Staff following Boxing Day and before New Year’s Day.

Policy

ELIGIBILITY AND ENTITLEMENT
The eligibility and entitlement to long service leave is prescribed by the industrial instrument.    

Full-time Staff Members
Full-time staff members will accrue long service leave entitlements on the following basis:

Full-time Continuous ServiceLong Service Leave Entitlement
10 years3 months
Between 10 - 15 years9 calendar days per year of service
15 years4.5 months
After 15 years15 calendar days per year of service

Part-time Staff Members
Part-time staff members will accrue long service leave on a proportionate basis of the full-time continuous service entitlement.

Casual Staff Members
Casual staff members who have completed 10 years continuous service on or after 9 May 1985 will be entitled to long service leave.

Casual staff members will accrue long service leave on a proportionate basis of the full-time continuous service entitlement.

Terminated Services
Where a staff member has completed at least five years but less than 10 years continuous service and their services are terminated, the staff member will be entitled to a proportionate amount of long service leave on the basis of two months leave for 10 years service where their services were terminated by:
  • Macquarie University for any reason other than misconduct or serious misconduct, or
  • the staff member on account of:
    • illness or incapacity
    • domestic or pressing necessity
    • the death of the staff member.
RECOGNITION OF PRIOR SERVICE
All prior continuous paid service with other higher education institutions will be recognised for the purpose of determining long service leave eligibility on the following basis:
  • for continuing and fixed term staff members employed by the University:
    • on or after 1 January 1974, from those Australian universities which grant transferability of long service leave to staff members from the University (except for service prior to 1 January 1974)
    • up until 30 April 1977, from those New South Wales universities for whom all continuous paid service with bodies recognised by those universities will also be counted
    • on or after 1 June 1988, from Colleges of Advanced Education
    • from the Australian Vice-Chancellor’s Committee or Universities Australia.
  • eligibility is subject to the following conditions:
    • any prior service performed on a casual basis will not be recognised
    • there must be continuity of employment between all such positions held, except  that a break in service of up to three months will be accepted
    • prior service at an overseas university will not be accepted
    • where a staff member has taken long service leave or is eligible to be paid or has been paid in lieu of long service leave by the releasing university, the staff member will not accrue any entitlement to leave for that period of service with the releasing university
    • where a staff member has taken long service leave or is eligible to be paid or has been paid in lieu of long service leave by the releasing university, such a period will be included as qualifying service for determining when the staff member is eligible to take long service leave at Macquarie University
    • the staff member will be required to serve a minimum of three years with Macquarie University before being permitted to take accrued long service leave or to be paid in lieu on termination of employment. An exception is that, in eligible cases, payment in lieu of such leave will be made when a staff member retires or dies

PAYMENT
While a staff member is on long service leave, the leave payment will be equal to the ordinary rate of pay that the staff member would have received if they had worked during that period.

Payment in lieu of untaken long service leave will be made to the:
  • staff member on termination of employment or,
  • estate of the deceased staff member in respect of death.

CASHING OUT OF LONG SERVICE LEAVE
The Macquarie University Enterprise Agreement 2010 (Professional Staff) provides that long service leave may be cashed out. This is not permitted by the Long Service Leave Act 1955 (NSW). The cashing out of long service leave is not permitted for any staff member.

RE-CREDITING LONG SERVICE LEAVE
Where a staff member becomes ill, injured or incapacitated for one week or more whilst on a period of long service leave, the staff member will be entitled to payment of personal leave upon production of supporting documentation in accordance with the Personal Leave Policy and Personal Leave Procedure. In this circumstance, long service leave will be re-credited.

Long service leave will not be re-credited where the staff member:
  • has not complied with the Personal Leave Policy or Personal Leave Procedure with respect to notification, or
  • is on long service leave immediately prior to termination of employment.

PUBLIC HOLIDAYS AND CONCESSIONAL DAYS
In accordance with the provisions of Fair Work Act 2009 (Cwlth) and the Long Service Leave Act 1955 (NSW), public holidays will be paid where they fall within a period of approved long service leave.

Concessional days, as they are not public holidays, which fall during or at the end of a staff member’s long service leave, are counted as long service leave.

CONTINUITY OF SERVICE
All paid leave will count as service for the purpose of leave accrual, length of service and incremental progression.

Absence from duty will not be counted as service for the accrual of long service leave, where the period (or periods) of leave without pay (including unpaid parental leave) exceeds, in aggregate, six months in any calendar year for full-time staff members (pro rata for part-time staff members). The excess over six months will not be taken into account in determining total service for long service leave purposes.

Where a staff member is granted long service leave or parental leave on half pay, long service leave will accrue at the proportionate rate of entitlement during that period.

TAKING LONG SERVICE LEAVE
A staff member and their supervisor are required to discuss in advance the timing of long service leave.

Long service leave must be requested and approved in advance.

Approval of long service leave will be at the discretion of the supervisor who will consider the:
  • operational requirements of the work area, and
  • personal circumstances of the staff member.
A supervisor, wherever reasonable and practicable, will:
  • organise workloads to ensure that each staff member will have  an opportunity to take their long service leave in unbroken periods
  • not be unreasonable in refusing an application for long service leave.

Where an application for long service leave is declined, a supervisor will negotiate an alternative period of long service leave with the staff member.

Approved long service leave may be taken for periods of seven calendar days or more.

A staff member may apply to take long service leave on half pay.

Excessive Long Service Leave
The University may require a staff member to take a minimum of six weeks long service leave with 12 months written notice when they have accrued a maximum of 4.5 months long service leave..

COMPLIANCE AND BREACHES
The University may commence applicable disciplinary procedures if a person to whom this policy applies breaches this policy (or any of its related procedures)..

Policy Information

Contact OfficerManager, Employee Relations, Human Resources
Date Approved2 February 2011
Approval AuthorityDirector, Human Resources
Date of Commencement2 February 2011
Amendment HistoryMay 2013 – Updated long service leave entitlements relating to terminated services by a staff member to align with the Long Service Leave Act 1955 (NSW)
October 2011 - updated to incorporate the requirements of the Macquarie University Enterprise Agreement 2010 and the Macquarie University Academic Staff Enterprise Agreement 2011; inclusion of compliance and breaches statement
February 2011 – alignment with new Macquarie University Enterprise Agreement 2010 and Fair Work and Long Service Leave legislation
Date for Next ReviewFebruary 2014
Related Documents

Macquarie University Enterprise Agreement
Long Service Leave Procedure (see tab above)
Personal Leave Policy / Procedure

Fair Work Act 2009 (Cwlth)
Long Service Leave Act 1955 (NSW)
Policies / Rules Superseded by this PolicyLong Service Leave Policy approved 30 June 2008
KeywordsLong Service Leave, Eligibility, Entitlement, Recognition, Prior Service, Taking Long Service Leave, Excessive, Personal Leave, Re-crediting, Public Holidays, Concessional

Asset ID = 422959

PROCEDURE

Purpose

To detail the steps and responsibilities associated with accessing long service leave entitlements.

Procedure

This procedure requires actions by the following:

Staff Member

APPLY FOR LONG SERVICE LEAVE
Apply
Provide reasonable notice to your supervisor of the desired period of long service leave.

Apply for long service leave (as soon as practicable) by: 

Supervisor

Review Application
Review a long service leave application to ensure accuracy and consistency with University policy.

In consultation with the staff member, resolve any problems identified with the application.  

Consider the operational requirements of the work area and the staff member’s personal circumstances prior to authorising, declining or referring the leave application.

Make a decision about the staff member’s leave within five days of receiving the application. Take one of the following actions:
  • ApproveNotify the staff member of the outcome of the leave application.
    Complete Human Resources (HR) requirements.
  • DeclineNegotiate an alternative long service leave or annual leave period with the staff member.

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Human
Resources Officer

Process Approval
Review the application to ensure accuracy and consistency with University policy.

Refer any problems identified in the application to the supervisor for resolution. 

Process the long service leave application and maintain records for reporting and compliance.

MANAGE EXCESSIVE LONG SERVICE LEAVE
Compile a monthly report identifying staff members (by Faculty/Office) who have, or are likely to exceed, 4.5 months of accrued long service leave.

Forward the report to the Executive Dean/Head of Office or authorised delegate.

Executive Dean/Head of Office 

Notify the staff member and their supervisor of excess long service leave accruals in writing.

Where a staff member has accrued a total of 4.5 months of long service leave, the University may, with 12 months written notice, direct the staff member to take a minimum period of six weeks of long service leave.

Where a staff member has given a formal commitment to retire, the University will not normally require the staff member to take long service leave during the last five years of employment.

Where a staff member makes a compelling case for the deferral of long service leave, because of firm plans to take such leave at a particular future time, the University may approve the deferral of long service leave.

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SupervisorMeet with the staff member to discuss and agree the timing of long service leave.

Staff Member

APPLY FOR RECOGNITION OF PRIOR SERVICE
Apply to HR in writing and at the earliest possible time for the recognition of prior service.

Note that, due to some limitations of the University’s electronic payroll system, there may be delays associated with the reporting of accrued long service leave entitlements. 

Human
Resources Officer

Confirm the prior service and calculate the staff member’s long service leave entitlement.

Advise the staff member, in writing, of the amount of service to be recognised. 

Update the staff member’s long service leave records accordingly.

Supervisor

MANAGE UNAPPROVED LEAVE
Where a staff member is absent without approval, contact the staff member directly without delay.

Notify HR of such absences immediately and discuss the option to suspend payments pending resolution of the matter.

Where an absence is regarded as abandonment of employment or misconduct, you may proceed with the relevant provisions of the Macquarie University Enterprise Agreement.

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Procedure Information

Contact OfficerManager, Employee Relations, Human Resources
Date Approved2 February 2011
Approval AuthorityDirector, Human Resources
Date of Commencement2 February 2011
Amendment HistoryFebruary 2011 – alignment with new Macquarie University Enterprise Agreement 2010, and Fair Work Act and Long Service Leave Act legislation
Date for Next ReviewFebruary  2012
Related Documents

Long Service Leave Policy (see tab above)
Macquarie University Enterprise Agreement

Application for Leave form

Fair Work Act, 2009 (Cwlth)
Long Service Leave Act, 1955 (NSW)
KeywordsLong Service Leave, Excessive, Entitlement, Recognition, Prior Service, Taking Long Service Leave, Absence without Approval
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