The Portable Long Service Leave Act 2024 contains special provisions for workers who transfer between roles requiring registration with the scheme.
Transfer from a covered role
If your employee transfers to a role not eligible for portable long service leave, their long service leave entitlement transfers from the Portable Long Service Leave Act 2024 to the Long Service Leave Act 1987. You must advise us in writing of the date of transition and no longer record service on Employer Returns for that employee.
If that employee remains employed with you for 10 years, they will be eligible for long service leave (combining both the service registered with SA Portable Long Service Leave - Community Services whilst employed by you, and the service accrued with you under the Long Service Leave Act 1987 since the date of transition). A pro-rata payment is available if they have been employed for 7 years and cease employment.
When the worker wishes to claim long service leave, they will apply directly to you. You will pay your employee for both the leave accrued with SA Portable Long Service Leave - Community Services (whilst employed by you) and the leave accrued with you since the date of transition in accordance with the Long Service Leave Act 1987. Upon your request, we will reimburse you for the leave accrued with SA Portable Long Service Leave - Community Services (whilst employed by you) at the employee's current ordinary weekly rate of pay*.
Before making any payment under this provision, please contact us.
Example
Meredith Palmer has worked for ABC Pty Ltd for 10 years.
In the first 5 years, Meredith was a Home Care Assistant and was eligible for portable long service leave.
Meredith then moved to a role within an aged care facility and was no longer eligible to accrue portable long service leave going forward.
After 10 years Meredith now wants to take some long service leave.
As she has accrued 5 years with SAPLSL-CS and 5 years with ABC Pty Ltd she has 13 weeks available to take.
As her long service leave is currently accruing under the Long Service Leave Act 1987, ABC Pty Ltd is responsible for the long service leave payment of up to 13 weeks and will recover from SAPLSL-CS an amount representative of the first 5 years.
Transfer to a covered role
If your employee transfers to a role eligible for portable long service leave, their long service leave entitlement transfers from the Long Service Leave Act 1987 to the Portable Long Service Leave Act 2024. You must commence recording service for that worker on Employer Returns and advise us in writing of their employment start date. If that employee remains employed with you for 10 years, they will be eligible for long service leave (combining both the service accrued with you under the Long Service Leave Act 2987 up to the date of transition and the service accrued with SA Portable Long Service Leave whilst employed by you).
When that employee wishes to claim long service leave they will apply to SA Portable Long Service Leave - Community Services. We will pay your employee for both the leave accrued with you and with SA Portable Long Service Leave - Community Services in accordance with the Portable Long Service Leave Act 2024. We will then issue an invoice to you for the leave accrued with you under the Long Service Leave Act 1987.
Example
Meredith Palmer has worked for ABC Pty Ltd for 10 years.
In the first 5 years Meredith was working in an aged care facility and was not eligible for portable long service leave.
Meredith then became a Home Care Assistant and was subsequently registered for portable long service leave.
After 10 years Meredith now wants to take some long service leave.
As she has accrued 5 years with ABC Pty Ltd and 5 years with SAPLSL-CS she has 13 weeks available to take.
As her long service leave is now accruing under the Portable Long Service Leave Act 2024, SAPLSL-CS is responsible for the long service leave payment up to 13 weeks and will recover from ABC Pty Ltd an amount representative of the first 5 years.
