There are special provisions for workers who transfer between roles covered by Portable Long Service Leave.
Transferring from a covered role within the same employer
If you transfer to a role not eligible for portable long service leave, your long service leave entitlement transfers from the Portable Long Service Leave Act 2024 to the Long Service Leave Act 1987. Your employer must advise us in writing of the date of transition and you will no longer record service with SA Portable Long Service Leave - Community Services.
If you remain employed with that employer for 10 years, you will be eligible for long service leave (combining both the service registered with SA Portable Long Service Leave - Community Services whilst employed with that employer, and the service accrued with them under the Long Service Leave Act 1987 since the date of transition). A pro-rata payment is available if you have been employed for 7 years and cease employment.
When you wish to claim long service leave, you will apply to your employer. Your employer will pay you for both the leave accrued with SA Portable Long Service Leave - Community Services (whilst employed by them) and the leave accrued with them since the date of transition in accordance with the Long Service Leave Act 1987. Upon your request, we will reimburse your employer for the leave accrued with SA Portable Long Service Leave - Community Services (whilst employed by them) at your current ordinary weekly rate of pay*.
Your employer must contact us before making a payment under this provision.
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 with the same employer
If you transfer to a role eligible for portable long service leave, your long service leave entitlement transfers from the Long Service Leave Act 1987 to the Portable Long Service Leave Act 2024. Your employer must commence recording service for you on Employer Returns and advise us in writing of your employment start date. If you remain employed with them for 10 years, you will be eligible for long service leave (combining both the service accrued with your employer under the Long Service Leave Act 1987 up until the date of transition, and the service accrued with SA Portable Long Service Leave while employed by them).
When you wish to claim long service leave you will apply to SA Portable Long Service Leave - Community Services in accordance with the Portable Long Service Leave Act 2024. We will then issue an invoice to your employer for the leave accrued for 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.
*Whilst reimbursements are usually calculated using the worker's current ordinary weekly rate of pay, the Act allows for the Board to reimburse at a different rate if the ordinary weekly rate of pay is deemed to be excessive or insufficient.