How does long service leave work in a small business? | Small Business Development Corporation (2024)

Taking long service leave might seem like one of the perks of working for a big corporation or government department – but it can apply to small business employees too.

Here’s an overview of how long service leave works as a paid entitlement in Western Australia and how it works in a small business.

How long is ‘long’ service?

Entitlements for long service leave depend on the type of business – and whether the employee has finished working for that employer or is continuing to work for them. Under the WA Long Service Leave Act 1958, a full time, part time or casual employee may be entitled to long service leave payments:

  • After 7 years of continuous employment when their employment ends because of resignation, dismissal, redundancy or if the employee dies.
  • After 10 years of continuous employment, when they would be entitled to 8.667 weeks of long service leave. After that initial 10 years, they would accrue a further 4.333 weeks of long service leave for every 5 years of continuous employment.

Long service leave entitlements can apply when a business changes hands. For example, if you bought a business and continued to employ someone who had been working for the previous owners, their years of service before you took over will count towards their long service leave in years to come.

How much needs to be paid?

If you have an employee who is entitled to long service leave, they would be paid at their ordinary pay rate when taking long service leave or cashing out at the end of their employment. You might like to use the WA Long Service Leave Calculator to help you run some figures.

If you have an employee who is entitled to long service leave, they could take it in one continuous period or negotiate with you to take it in separate periods. You might also be flexible on making other arrangements such taking twice the amount of time off to be paid at half-pay, or taking half the amount of time off to be paid at double pay for a certain period.

Who is entitled to long service leave?

There are some exceptions, but generally long service leave is an entitlement for most private sector employees. Find out more about who is covered by the Long Service Leave Act in WA.

Does the Act apply to all businesses in WA?

Most private sector employers and employees in both the state and national industrial relations systems are covered by the state Long Service Leave Act.

If your business is in the construction industry, it’s important to know about the different long service leave arrangements that apply to your business – so we’ve included more details on this below.

Long service leave in the construction industry

If you employ construction workers, including apprentices and employees under a working visa, you need to know about MyLeave, a government authority with a mandatory scheme to provide long service leave entitlements for WA construction workers.

You’ll need to register with MyLeave and pay a levy to MyLeave every three months. This levy contributes to the cost of long service leave payments for construction industry employees.

Just like tax, super and other obligations as an employer, if you don’t register and pay contributions, you could receive fines and penalties. Visit MyLeave to find out more.

Long service leave: Tips for small business owners

Know your obligations

Whether you started your business or bought an existing business, you should understand your obligations to your employees, including their long service leave entitlements.

Understand your liabilities

Financial management – including keeping accurate and up-to-date records – is a vital part of running a successful business. Whether it’s through a balance sheet entry or a leave liability report, make sure you have a reporting process in place to update your liability for all leave entitlements.

Plan ahead

To manage the financial impact of your employees taking their long service leave, you need to make sure you budget for these entitlements over time. You may also need to have plans in place to cover the work they do during their leave. This could involve hiring a casual staff member or training one of your existing employees to take on different duties for a period of time.

Find out more

For more information about long service leave entitlements in WA, take a look at these long service leave explainer videos from the WA Government.

Learn more about your obligations as an employer or explore the People section of our website.

If you need a break but don’t have employees, look at our tips about how to take a holiday from your business.

To get regular updates and small business information like this delivered to your inbox, sign up for our regular e-news.

How does long service leave work in a small business? | Small Business Development Corporation (2024)

FAQs

How many PTO days are normal for a small business? ›

The average paid vacation days per year for employees who have been with a business for 1-5 years is 10 days. Employees who have been with a business for 5-10 years receive an average of 15 days of vacation. The average number of vacation days employees who have worked at a business between 10-20 years receive is 20.

How does long service leave work in WA? ›

After accruing 10 years of service (2,200 service days) with MyLeave workers get 8 2/3 weeks paid long service leave with an additional 4 1/3 weeks leave for each additional 5 years of service after that. Pro rata (proportionate) leave of 6 weeks is available after 7 years of service.

What is a good PTO policy for small business? ›

For example, a small business may offer a PTO accrual rate of one day off for every month worked. The policy may also specify if employees can cash out unused PTO or if it rolls over into the next year. Some small businesses might have blackout dates during peak work periods.

What are the rules for long service leave in NSW? ›

Long service leave is a period of paid leave you must provide an employee after 10 years' continuous service with you. Most NSW full-time, part-time or casual employees are entitled to this leave, which is set at 2 months (8.67 weeks), at the employee's ordinary gross weekly wage.

How many PTO days are normal for unlimited PTO? ›

The average U.S. worker takes 17 PTO days a year, while those with unlimited vacation policies only take off 10 days, as reported by Forbes. And, as you mentioned, if you don't take any time off, your employer doesn't owe you anything if you leave.

How much is a PTO day worth? ›

Simply divide your annual salary by the days you work in a year and you get the value of one PTO day. For most nine-to-five jobs, there will be 260 work days (261 if leap year is applied) in a year. This includes the number of federal holidays that are considered paid days off which are not included in employee PTO.

How to calculate long service payment? ›

[(Last month wages x 2/3) x reckonable years of service]

Note that service of an incomplete year should be calculated on a pro-rata basis. For details of the calculation of long service payment or severance payment, please refer to “A Concise Guide to the Employment Ordinance”.

How to calculate long service leave NT? ›

Your long service leave entitlements

Long service leave is calculated at 1.3 weeks of leave for each year of employment. You are still entitled to accumulate long service leave in the following situations: casual employment.

What is the accrual rate for lsl in WA? ›

When a full time, part time, casual or seasonal employee completes 10 years of continuous employment, they accrue an entitlement to 8.667 weeks of paid long service leave. An employee will accrue a further 4.333 weeks of long service leave for every 5 years of continuous employment after the initial 10 years.

What is a standard corporate PTO policy? ›

Every PTO plan is different, but while traditional leave policies typically grant employees 30 paid days off per year — 10 days of paid vacation, 8 sick days, 2 personal days, plus 10 paid holidays, most PTO policies give employees between 15 and 20 days plus company-observed holidays.

How many vacation days should you get after 10 years? ›

In the private sector, the average number of paid vacation days after five years of service increases to 15 days. After 10 years of service, it rises again to 17 days. For employees with 20 years of service or more, the average number of paid vacation days is 20.

What is a generous PTO policy? ›

Generous leave policies typically include a significant amount of paid time off for employees to use as they wish. This can include vacation days, sick days, and personal days. Some even offer unlimited paid time off (like we did).

Can an employer refuse long service leave in QLD? ›

Most types of employees may receive Long Service Leave entitlements in Australia. The refusal of requests for Long Service Leave are generally not permissible unless there are reasonable business grounds to do so.

Can I resign while on sick leave? ›

Resignation during sick leave

An employee can resign while they're off sick. They should follow the right process to resign.

How do you calculate long service leave in Qld? ›

The entitlement to long service leave is calculated as the number of ordinary hours for the complete period of employment divided by 52, multiplied by 8.6667, then divided by 10, as shown below: total ordinary hours worked ÷ 52 x 8.6667 ÷ 10 = number of hours long service leave.

Is 20 days of PTO too much? ›

If they're talking specifically about vacation days, then 10-20 days of paid vacation is very good. You'll be getting anywhere between two and four weeks off work per year, all of which is paid – and it doesn't include sickness or holidays! In conclusion, it is normal to receive around 10 vacation days per year.

How many PTO days do most people get? ›

The US Bureau of Labor Statistics reports that civilian and private industry employees typically get: 11 days per year after 1 year of service, 15 days per year after 5 years of service, 18 days per year after 18 years of service, and.

What is a standard PTO policy? ›

It depends. Every PTO plan is different, but while traditional leave policies typically grant employees 30 paid days off per year — 10 days of paid vacation, 8 sick days, 2 personal days, plus 10 paid holidays, most PTO policies give employees between 15 and 20 days plus company-observed holidays.

What is a good PTO accrual? ›

What is the average PTO accrual rate? In addition, the average PTO for those who've been working in the private sector for more than 5 years is 15 days. So, the average accrual rate for long-term employees is 1.25 days per month. You can use these stats to come up with a fair accrual rate for your business.

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