Generally, all absences count towards the accrual of long service leave in NSW.
However, certain interruptions are not to be taken into account when calculating the period of long service.
These are:
- Parental leave, i.e. maternity leave, paternity leave, adoption leave
- Absence by agreement of the employer, i.e. leave without pay
- The period during which the employee was not employed, where the employee is terminated by the employer and re-employed within 2 months
- The period during which the employee was not employed, where the employee was terminated by the employer due to slackness of trade, and subsequently re-employed at a later date
- Any absence arising directly or indirectly from an industrial dispute.
The Long Service Leave Act 1955 (NSW) applies to all award/agreement covered employees and also award/agreement-free employees in NSW, i.e. weekly, part-time and casual employees.
The Act does not apply to employees covered by a Federal long service leave award; a Federal agreement dealing with (or excluding) long service leave; employees entitled under any award/agreement to long service leave more favourable than the Act; employees entitled to long service leave under any other Act such as employees covered by the Building & Construction Industry Long Service Payments Act, who elect to receive benefits available under that Act instead of the Long Service Leave Act 1955 (NSW), and the Long Service Leave (Metalliferous Mining Industry) Act.
From 1 January 2010 this situation was preserved by the National Employment Standards, however there are special rules where agreements exclude long service leave or apply a single standard across more than one state and/or territory.