long service leave

Long service leave under special circumstances

April 7, 2022 by Madeline Lucre Leave a Comment

I am a part-time EN working with NSW Health. As a result of the COVID-19 pandemic, my husband has lost his job and has been unable to find work where we currently live. He found a job further north and we will have to relocate four hours’ drive away.

As such, I am going to have to resign my current employment of six years and find work closer to our new home, because I will not be able to travel so far each day and I also have carer responsibilities. Would I be entitled to my long service leave payment even though I have not worked with my current employer for seven years?

NSW Health full-time and permanent part-time employees are entitled to long service leave payment after seven years of service. There are certain circumstances, however, where you are entitled to long service leave if you have had at least five years of continuous service. These circumstances are if you resign because of death, illness, incapacity or, such as in your circumstances, domestic or other pressing necessity. Advise your employer of your reasons for resigning and if requested, provide some evidence of your relocation, and you should be paid a proportionate amount for long service leave on the basis of two months’ long service leave for ten years’ service.

More options for long service leave in public health

January 31, 2019 by Nurse Uncut Editor Leave a Comment

It is a source of confusion and frustration for NSW nurses and midwives working in public health, whose contracted working hours have changed during their employment, to find they are subjected to an averaging calculation to determine the payment to be used when taking long service leave (LSL).

This can result in a payment that does not equate to your contracted hours when taking LSL. For example, a nurse who has worked several years part- time and then becomes full-time will not receive the full-time rate when taking LSL. That is, their varying contracted work hours are subjected to the averaging calculation to determine the LSL payment figure.

Following extensive discussions between the Ministry of Health and public health unions, the Ministry released IB2018_059 at the end of 2018, which sets out some additional options. In short, if you want to be paid at your current rate (which is higher than the calculated averaged rate) you can but you will use up more accrued LSL. This is not dissimilar to the principle involved in taking LSL at double pay. Equally, if your current rate is lower than the calculated averaged rate, you can remain on your current rate and use up less of your LSL accrual.

It is entirely voluntary and you are free to nominate the option you wish, or have some calculations done prior to making a final decision. In addition, if you elect one option this year, it does not mean you have to do the same next time.

This article was originally published in the Ask Judith section of the NSW Nurses and Midwives’ Association publication, The Lamp.

LSL with Estia

October 3, 2018 by Rayan Calimlim

I work in a facility operated by Estia. It was previously a Kennedy Health site. I am a bit confused about my LSL under the Estia agreement.

The Estia Health NSW Enterprise Agreement 2016 had the challenging task of bringing together a number of other agreements with varying entitlements. Pleasingly, a number of protections were put in place for existing employees who had more beneficial entitlements under other agreements. Schedule 6 of the Estia agreement sets out a mechanism that preserves LSL accrual/value for ex-Kennedy employees. Discuss this with your payroll office or contact the Association for further assistance.

Recognition of service

October 3, 2018 by Rayan Calimlim

I am about to return to permanent part-time work in a public hospital after a bit of a break. Will my previous public health service be recognised for LSL?

Clause 33(ii)(a)(1) of the Public Health System Nurses’ and Midwives’ (State) Award defines service as being full-time and/or permanent part-time employment “in one or more hospitals, public health organisations, Local Health Districts or former NSW Area Health Services.” Such service should be included to determine your accrual rate for LSL on your recommencement. If your previous service included periods of temporary or casual employment, or leave without pay, it is best to query this with the District or get advice from for your particular issue from the Association.