AN120011 – Aged Care General Services (State) Award
(i) Every employee after ten years' continuous service with the same employer shall be entitled to two months' long service leave on full pay; after fifteen years' continuous service to an additional one month's long service leave on full pay; and for each five years' continuous service thereafter to an additional one and one-half months' long service leave on full pay.
(ii) The employer shall give to each employee at least one month's notice of the date from which it is proposed that the employee's long service leave shall be given and taken. Such leave shall be taken as soon as practicable having regard to the needs of the facility, or, where the employer and the employee agree, such leave may be postponed to an agreed date.
(iii) Where the services of an employee with at least five years' service are terminated, the employee shall be entitled for five years service to one month's long service leave on full pay and for service after five years to a proportionate amount of such leave on full pay calculated on the basis of three months long service leave for 15 years' service.
(iv) Where an employee is entitled to long service leave with pay under this clause, then and in every such case:
(a) If before such leave has been entered upon, the employment of such employee is terminated, the employee shall be entitled to receive the monetary value of the leave to which such employee has been entitled computed at the rate of salary which such employee was receiving immediately prior to the termination of employment.
(b) If such employee dies before entering upon such leave, or if after having entered upon the same, dies before its termination, the employee's partner, or children, or their guardians or other dependent relative or their legal representatives shall be entitled to receive the monetary value of the leave not taken or not completed, as the case may be, and computed at the rate of pay the employee was receiving at the time of their death.
(v) For the purpose of this clause:
(a) Continuous service with the same employer shall be taken into account.
(b) One month equals four and one-third weeks.
(c) Continuous service shall be deemed not to have been broken by:
(1) Any period of absence on leave without pay not exceeding six months.
(2) Absence of an employee whilst a member of the defence forces of the Commonwealth in time of war.
(3) Any period of absence on parental leave taken by the employee in accordance with the Industrial Relations Act 1996.
(vi) Where any employee has been granted a period of long service leave prior to the coming into force of this award, the amount of such leave shall be debited against the amount of leave due under this award.
(vii) Except where the total actual service is less than five years:
(a) all service with an employer to which subclause (i) of clause 22, Climatic and Isolation Allowance applies shall be counted as one and one-half times the actual time served.
(b) all service with an employer to which subclause (ii) of clause 22, Climatic and Isolation Allowance applies shall be counted as twice the actual time served.
(viii) Any period(s) of part-time service with the same employer shall count towards long service leave as provided for in this clause. The payment for such leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours.
(ix) Where an employee has accrued a right to an allocated day off duty on pay prior to entering a period of long service leave, such day shall be taken on the next working day immediately following the period of long service leave. An employee returning to duty from long service leave shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated.
