Portable long service leave ensures that workers in specific industries are not penalised for changing employers, enabling them to carry over their entitlements.
It’s a crucial safety net for workers in industries where job turnover is high, such as construction, cleaning, and security. Here’s what you need to know about your rights under portable long service leave.
What is Portable Long Service Leave?
Portable long service leave is a system that allows workers to accumulate and transfer long service leave entitlements when they change employers within certain industries. This means that even if you leave one job for another, you won’t lose the long service leave you’ve earned.
This system is particulaly beneficial for workers in sectors where job mobility is common, offering workers the same leave entitlements regardless of employer changes.
Industries That Offer Portable Long Service Leave
Portable long service leave schemes are typically available in industries where employees often work on a temporary or contract basis. These industries include:
- Construction
- Cleaning services
- Security services
- Contracting and labour hire businesses
If you work in any of these industries, it’s important to check whether your employer participates in a portable long service leave scheme. The specifics of the scheme may vary depending on your state or territory, but the basic principle remains the same: workers can take their leave with them, regardless of employer.
How Does Portable Long Service Leave Work?
In practice, portable long service leave works by having employers contribute to a central fund, based on the number of hours worked by eligible employees. The employee doesn’t need to apply for long service leave directly through their employer; instead, the contribution is stored in a fund managed by a government authority. When an employee leaves one employer for another, their accumulated leave entitlements are transferred into this system, allowing them to continue accruing long service leave under their new employer.
Understanding Your Rights as a Worker
As a worker, it’s important to know your rights when it comes to portable long service leave. These include:
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Accruing leave: You are entitled to accumulate long service leave even if you move between employers, as long as they are part of the same industry scheme.
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Accessing your leave: You can access your portable long service leave when you have met the qualifying period, typically after a certain number of years working within the sector. In some cases, you may also be entitled to a payout if you leave the industry entirely.
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Continuity of service: Even if you switch employers, the continuity of your service is maintained, which means you continue to accrue long service leave without disruption.
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Employer obligations: Employers are required to make contributions to the portable long service leave fund, and they must ensure you are aware of your entitlements and rights. If your employer fails to make contributions, they may be held responsible for rectifying the issue.
How to Access Portable Long Service Leave
To claim portable long service leave, you generally need to apply through the relevant industry body that manages the scheme. The process may involve filling out an application form and providing proof of employment and hours worked. Once your application is approved, the long service leave will either be paid out or transferred to your new employer, depending on your circumstances.
Key Takeaways for Workers
Portable long service leave ensures that workers in high-turnover industries can enjoy the same leave benefits as those in more traditional, long-term roles. By understanding your rights and the process involved, you can make sure you receive the full benefits you are entitled to as you progress through your career.
If you work in a sector that offers portable long service leave, take the time to check your entitlements, ensure your employer is contributing, and stay informed about your rights. Whether you’re planning to take a break or just ensuring your entitlements are being tracked correctly, understanding portable long service leave is essential to your financial and career security.
