3.8 Long Service Leave

3.8.1 Purpose

Long Service Leave is an entitlement that recognises a staff member's length of service with this University. The management of long service leave will be in accordance with the University's policy and procedures for Long Service Leave.

3.8.2 Entitlement

A staff member is entitled to long service leave after seven (7) years of service. Long Service Leave is calculated at the rate of 1.3 weeks for every year of paid service.

3.8.2.1 Notwithstanding sub-clause 3.8.2, a protected staff member, in addition to service credited to the staff member at the time of their commencement with the University, accrues Long Service Leave at the following rates in combination and not separately:

1. If employed in ACT or NSW, two (2) months long service leave on full pay after ten (10) years of service, unless they made an irrevocable election to transfer to the uniform 1.3 weeks per year of service accrual rate; or
2. If employed in Queensland, thirteen (13) weeks long service leave on full pay after ten (10) years of service and 1.3 weeks long service leave on full pay for each of the following five (5) years of service; and, thereafter
3. If employed in Queensland, NSW or ACT, five (5) months long service leave on full pay per ten (10) years of service.

3.8.2.2 Where a staff member is ill or incapacitated while on long service leave for two (2) or more consecutive days, and the staff member produces proof of illness and/or incapacity (such evidence to be consistent with the requirements of sub-clause 3.10.4) the staff member will be placed on paid personal sick leave (where available) and re-credited the equivalent amount of long service leave.

3.8.2.3 Long service leave credits are transferable to the University from other Australian higher education institutions except where a staff member's appointment is externally funded and the grant does not provide for long service leave payment. A staff member will be entitled to have service with previous institutions recognised for the purposes of determining their long service leave entitlement provided that:

1. any break in service with other Australian higher education institutions does not exceed three (3) calendar months, except where a person had been made redundant, in which case the break in service will not exceed fifty-two (52) weeks;
2. a staff member will make any claim for recognition of service within six (6) calendar months of date of commencement.
3. If a staff member's service with the University is not continuous, the aggregate period of service of the staff member, including service recognised from another institution, will count as service for the purpose of determining the entitlement of the staff member to long service leave.
4. If service with another institution is recognised for long service leave credit, the staff member is required to complete a period of three (3) years' service with the University before being eligible to take long service leave, unless the relevant Delegated Officer/Member of the Executive/Member of the Senior Executive agrees to a lesser period in special circumstances.

3.8.3 The Planning and Taking of Long Service Leave

Professional staff

3.8.3.1 A staff member who is entitled to Long Service Leave will take the leave at a time or times that are mutually convenient to the University. The staff member must give the University six (6) months written notice to take the leave unless the University agrees to a shorter period of notice.

3.8.3.2 A staff member will normally take periods of long service leave in multiples of weeks and may take the leave on full or half pay.

3.8.3.3 In exceptional circumstances, a staff member, upon written request, may be granted approval to take their Long Service Leave for minimum periods of one (1) or two (2) days per week normally for a minimum period of three (3) months. Such circumstances include but are not limited to where a staff member has approval to transition to a pre-retirement contract arrangement.

3.8.3.4 If a staff member has a Long Service Leave entitlement of more than sixteen (16) weeks, the University may provide them with written notice to take up to 12 weeks leave, at a time convenient to the University, provided that:

1. The staff member must start their long service no later than 2 years from the date of the University's notice;
2. A staff member cannot be required to take Long Service Leave within twenty-four (24) months of the staff members confirmed date of retirement;
3. The minimum period of long service leave that the University can require a staff member to take is six (6) weeks;
4. The University cannot require a staff member to take any further Long Service Leave for two (2) years after taking leave under this sub-clause; and
5. A staff member who provides notice of their plans to take Long Service leave at a particular date in the future may apply for deferral of the application of this sub-clause.

Academic staff

3.8.3.5 Subject to 3.8.3.6, an academic staff member who has qualified for long service leave is entitled to take long service leave at a time of their choosing, provided that they give the University at least 6 months' written notice of such leave is given or, in the absence of such notice, the University consents.

3.8.3.6 Where an academic staff member has accumulated a long service leave entitlement in excess of 4.5 months, the University may give the staff member written notice to take up to 3 months of such leave, at a time convenient to the needs of the institution, provided that:

1. the University must give the staff member at least 12 months' written notice of the date on which leave must commence;
2. the University cannot require the staff member to take long service leave within 24 months of the staff member's intended date of retirement;
3. the minimum period of leave the University can require a staff member to take is 6 weeks;
4. if the staff member has been directed to take leave under clause 3.8.3.6, the University cannot require the staff member to take a further period of long service leave for a period of 2 years after the end of that period of leave.
5. A staff member who provides notice of their plans to take Long Service leave at a particular date in the future may apply for deferral of the application of this sub-clause.

3.8.4 Cashing out Long Service Leave

3.8.4.1 In circumstances where a staff member has become eligible for long service leave, that staff member may elect to cash out a portion of their accrued Long Service Leave credits such that either:

1. the staff member will retain a minimum balance of nine (9) weeks, or
2. the staff member may apply to take a period of long service leave and may also apply to cash out an equivalent amount of long service leave.

3.8.4.2 The staff member will receive payment at the rate equivalent to the amount the staff member would have received for working their ordinary hours during the period of long service leave to be cashed out.

3.8.4.3 In addition to the application to cash out some of their long service leave, the staff member must provide written notice to the University stating that they wish to forego taking the Long Service Leave.

3.8.4.4 If a staff member wishes to forego an entitlement to take an amount of Long Service Leave (in accordance with this clause) the University will pay the staff member, within a reasonable timeframe, the amount of monies the staff member is entitled to receive in lieu of the amount of Long Service Leave.

3.8.5 Payment of Untaken Long Service Leave on Termination

Where a staff member ceases employment with the University after seven (7) years recognised service; or after four (4) years recognised service where the staff member retires at their superannuation preservation age or later (including on the grounds of ill health), or dies; the University will pay to the person or their estate equivalent monies to the amount of accrued Long Service Leave not taken.