Long service leave claims
Paying long service leave under the Industrial Relations Act 2016
Workers, who are employed by the same employer for ten or more continuous years, may be entitled to long service leave paid by the employer under the Industrial Relations Act 2016. Workers with an entitlement can take leave paid by the employer or receive a payment from QLeave.
If a worker takes long service leave (paid by the employer) under the Industrial Relations Act 2016, you must notify QLeave before the leave is taken. This will ensure that the worker is not seeking two leave payments.
Claiming reimbursement from QLeave for long service leave paid to a worker
QLeave may reimburse you for some, or all, of the payment you make to the worker. You must lodge your claim for reimbursement to QLeave within three months of the day you paid long service leave to the worker or within a longer period (not more than two years after the benefits were provided). The rate of payment* is calculated based on service correctly recorded with QLeave.
Workers must be registered with QLeave, and their Worker Service Return must be lodged, before QLeave can make payments to employers.
Employers can apply for reimbursement online or by completing an Employer Claim form. A guide to online claims for employers is available here.
*The maximum claim payment cap and a 38 hour working week are used to determine the rate of payment. Click here to view the current claim cap.
What if your worker chooses to claim a long service leave payment from QLeave?
If a worker chooses to make a claim with QLeave under the Building and Construction Industry (Portable Long Service Leave) Act 1991, you have no further liability under the Industrial Relations Act 2016 for that particular period of employment.
When a worker lodges a claim with QLeave they must certify that they have not been paid for the claim from any other source. Employers are also required to certify on the claim form that they have not paid a long service entitlement to the worker.
Last modified: December 2017