Long Service Leave Calculator TAS (Tasmania)8.67 weeks after 10 years under the Long Service Leave Act 1976 (Tas)

How Much Long Service Leave You Get in Tasmania

WorkSafe Tasmania administers the Long Service Leave Act 1976 for the private sector. The same Act carries separate provisions for mining employees, so the figures on this page do not apply to them.

The Long Service Leave Act 1976 (Tas) accrues 0.8667 weeks for every year with one employer. At 10 years you can take 8.667 weeks; after that, 4⅓ weeks after each additional 5 years of continuous employment. Part years count, down to the day.

Accrued is what is paid out when the job ends and a pro-rata entitlement exists; a dash means the 10-year qualifying period has not been reached.

Pro-Rata Long Service Leave in Tasmania

Nothing is owed below 7 years. Between 7 and 10 years the Tasmanian Act pays a pro-rata amount only where:

• you reach retirement age (60 for women, 65 for men, as the Act words it)
• you die — the payment goes to your estate
• the employer terminates your employment for any reason other than serious and wilful misconduct
• employment ends through illness serious enough to justify it, or you resign because of incapacity or domestic or other pressing necessity (these two are decided case by case)

From 10 years the balance is paid however the job ends, resignation included.

How Tasmanian Long Service Leave Pay Is Worked Out

Ordinary pay is what you would have earned had you stayed at work. Tasmania includes shift penalties, part-time and casual loadings, allowances paid for all hours and all purposes of the award, and the cash value of board and lodging (unless supplied for work far from home). It excludes overtime, special rates such as danger or hardship allowances, travel allowances, bonuses, living-away-from-home and meal allowances.

A casual's ordinary pay is based on average hours over the 12 months before the leave starts — total hours ÷ 52. Commission earners, such as real estate salespeople, are paid on average weekly remuneration over the 3 months before the leave.

A pro-rata payment is years of continuous employment, including part years, ÷ 10 × 8.667 weeks. On death, the estate is paid 1/60th of ordinary pay for the period of continuous employment (between 7 and 10 years), or for the period since the last accrued entitlement.

Taking Long Service Leave in Tasmania

Leave is taken in one period unless the employer and employee agree to two periods. By agreement it can instead be cashed in, or taken as a mix of cash and leave.

Casual, Part-Time and Continuous Service in Tasmania

Part-time and casual employees can be entitled to a pro-rata payment on termination. Absences due to certified illness or injury count as service; maternity leave and industrial-dispute interruptions do not break continuity but do not count as service either, so the time has to be made up.

Casual and part-time employees count as continuously employed if they regularly work 32 hours or more in each consecutive four-week period. Moving between associated corporations keeps your service, and so does being re-engaged within 2 months at the same place of business by a new employer doing substantially the same kind of business.

Cashing Out Long Service Leave in Tasmania

By agreement with the employer, Tasmanian employees may cash in long service leave, or take a mixture of cash and leave.

Portable Long Service Schemes in Tasmania

Construction industry employees in Tasmania build their long service leave through TasBuild, a private trustee company that runs the Construction Industry (Long Service) Act 1997 scheme, not the 1976 Act.

• TasBuild — construction industry employees, under the Construction Industry (Long Service) Act 1997

Also outside the TAS Act

• local, state and Commonwealth government employees
• construction industry employees, who are covered by TasBuild
• employees covered by federal awards or agreements that contain long service leave provisions
• mining employees, who have separate provisions in the same Act

Tax, and How TAS Compares

Tax on a payout is federal, so it is the same in Tasmania as everywhere: the ATO unused-leave schedule is set out on the hub. A 10-year TAS entitlement of 8.67 weeks at $1,600 a week is $13,867 gross — see take-home pay on $95,000 for the year it lands in. For the other seven Acts side by side, see long service leave in every state.

Frequently Asked Questions

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