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Division 3: Accrual of service for long service leave

5.5.13 Accrued service

In this Part, a member's accrued service is the sum of these periods.

  1. Their period of continuous full-time service.

  2. Prior Reserve service, measured under section 5.5.14.

  3. Any prior service described in sections 5.5.15 or 5.5.16.

Exception: Special arrangements exist where a member had two employers at the same time.

See: Section 5.5.16, Overlapping prior service.

5.5.14 Prior Reserve service

  1. Reserve service counts for long service leave as shown in this table.

    Reserve service
    Item If a day of Reserve service... then the member...
    1. is for less than 6 hours does not accrue long service leave for the day.
    2. is for 6 hours or more accrues long service leave for the full day.

    Note: Members of the Reserves are subject to the break in service rules in subsection 5.5.15.2.

  2. Thirty days of Reserve service counts as a month of service.

    Example: A member parades twice a month, for a full day each time. It would take the member 15 months to give one month's service for long service leave purposes.

5.5.15 Prior service

  1. A period that could be counted as service under the Long Service Leave (Commonwealth Employees) Act 1976, on or after 1 January 1973, is accrued service for this Part. Periods of ineffective service with the prior employer are not recognised.

    Related Information: Subsection 5.5.14.2

    Note: The Long Service Leave (Commonwealth Employees) Act 1976 does not allow for the recognition of service with the armed forces of other countries.

  2. If there is a gap of more than one year between two periods of prior service, the earlier period cannot be recognised. There are two exceptions to this rule.

    1. If the previous period of service or employment was ceased due to illness.

      1. The CDF must be satisfied that the member returned to suitable duties in the ADF within one year of recovery.

      2. The CDF must consider their duties before their illness.

    2. If the break was due to Service-approved full-time vocational training.

    Example: A member joins the ADF in November. In June of that year the member had resigned from the Western Australian Public Service. This is service that could be counted as service under the Long Service Leave (Commonwealth Employees) Act 1976. As the break in employment is less than a year, the earlier service may be recognised for long service leave purposes.

    Non-example:

    A member of the Reserves has this pattern of service:
    Jan 2009 – March 2013 Continuous full-time service
    April 2013 – May 2014 4 hours duty, one day a week
    June 2014 onwards Continuous full-time service

    The member has had no break in ADF service, but in the period April 2013 – May 2014 did not have any days that were service for long service leave purposes. (See subsection 5.5.14.1)

    As the member had a break of more than a year between two periods of service for long service leave purposes, the earlier period cannot be recognised. The member's long service leave starts to accrue in June 2014.

  3. Service with another employer may only be recognised if it has ended.

    Non-example: A member takes leave without pay from the APS to join the ADF. The APS service may not be recognised until the member resigns from their APS employment.

  4. A member's credit is reduced by either of these events.

    1. Long service leave granted during prior service.

    2. Any payment instead of long service leave during prior service.

      See: Section 5.5.17, Effect of part-time prior service

Persons who can make the decision under paragraph 5.5.15.2.a on behalf of the CDF:
A person working in the Pay and Administration Branch who is not below MAJ(E)/APS6

5.5.16 Overlapping prior service

  1. This section applies to a member who has recognised prior service with two different employers at the same time.

    Example: A member has prior Reserve service at the same time the member was a full-time APS employee.

  2. A member cannot have more than one day of service for long service leave purposes recognised for a calendar day.

    Example: From 1 January 1998 to 31 December 2002 a member was a full-time APS employee. During that period the member also attended regular Reserve parades. The member has five years' prior service for the five calendar years.

  3. If a member has part-time service with two employers at the same time, the weekly hours are added together to determine service for long service leave. The member is subject to the limit in subsection 2.

5.5.17 Effect of part-time prior service

  1. The Long Service Leave (Commonwealth Employees) Act 1976 or other legislation may have treated part-time service differently than it is treated under this Part.

    Examples:

    1. Employees may have accrued long service leave at part-time rates.
    2. Employees may have been paid at part-time rates for long service leave they have taken.
  2. Members with part-time prior service need to have these periods converted to full-time equivalents.

    1. Subsection 3 gives the method for adjusting the period of part-time service to the full-time equivalent.

    2. Subsection 5 gives the method for adjusting the period of part-time leave to the full-time equivalent.

  3. Prior part-time service counts as accrued service but the period of service is adjusted to reflect the part-time hours worked. This table shows the method.

    Part-time service
    Step Action
    1. Work out the length of the member's part-time prior service, in days.
    2. Work out the member's average weekly hours during that period. If the member had different periods at different weekly rates, these should be calculated separately.
    3. Multiply the two figures together.
    4. Divide this total by 36.75. This figure is the number of days of prior service that may be recognised.
    5. If the member had different periods at different weekly rates, steps 1 to 4 should be worked out separately for each period. The periods are added at the end to give the total part-time prior service.
    6. The total should be included in the member's period of service for when working out their credit.
    See: Division 2 section 5.5.8, How much long service leave?

    Example: A member advises that they used to be employed in the APS, as a part-time employee. The member is able to show documentary evidence of this.

    This was their employment pattern.
    1 July 2010 to 30 June 2011 20 hours a week
    1 to 31 March 2011 was non-effective service
    1 July 2011 to 30 June 2012 30 hours a week
    Example calculation
    Step Calculation
    Period 1 July 2010 to 30 June 2011 Period 1 July 2011 to 30 June 2012
    1. The member had 365 days service, less 31 days non-effective service = 334 days The member had 365 days service.
    2. The member worked 20 hours a week. The member worked 30 hours a week.
    3. Step 1 multiplied by Step 2 equals 6680. Step 1 multiplied by Step 2 equals 10950.
    4. 6680 hours divided by 36.75 equals 181.77 days. 10950 hours divided by 36.75 equals 297.96 days.
    5. The member's total part-time prior service is 181.77 days plus 297.96 days. This, rounded, becomes a total of 480 days.
  4. The difference between the following periods is recorded as non-service days.

    1. The calendar days in the period.

    2. The number of days to be recognised as a result of the calculations in subsection 3.

    Example: In the example in subsection 3, the period 1 July 2000 to 30 June 2002 would be recorded on the Defence leave management system as follows.

    Non-service days 250 (ie 730 days less 480 days worked).

  5. Prior part-time leave should be adjusted to its full-time equivalent before being deducted from a member's long service leave credit. This table shows the method.

    Calculation method
    Step Action
    1. Work out the periods of long service leave that were paid at part-time rates.
    Note: This includes payment instead of long service leave. It does not include half-pay long service leave if the amount paid was half of the person's full-time hours.
    2. Work out weekly hours the person was paid for the leave. If the member had different periods of leave at different weekly rates, these should be calculated separately.
    Note: If the person took the leave at half pay, use their weekly part-time hours, not the half part-time hours that they were paid.
    3. Divide their weekly part-time hours (Step 2) by 36.75.
    4. Multiply Step 1 by Step 3.
    5. If any of the periods of leave were at half pay, divide Step 4 by 2.
    6. If the member had different periods of leave at different weekly rates, steps 1 to 5 should be worked out separately for each period of leave. The periods are added at the end to give the total leave taken in respect of part-time service during the prior work.

    Example: The member in the example in subsection 3 took some long service leave during their part-time periods of duty. Because of the different long service leave rules in the APS, the leave was paid at part-time rates.

    This was the member's leave pattern.
    1 November 2013 to 30 November 2013 1 month's leave
    30 November 2013 20 hours a week
    Leave was taken at full pay.
    1 November 2014 to 30 November 2014 1 month's leave
    30 November 2014 30 hours a week
    Leave was taken at half pay.
    Example calculation
    Step Calculation
    Period 1 November 2013 to 30 November 2013 Period 1 November 2014 to 30 November 2014
    1. The member took 1 month of leave The member took 1 month of leave.
    2. The member worked 20 hours a week. The member worked 30 hours a week.
    3. 20 hours divided by 36.75 equals 0.5442. 30 hours divided by 36.75 equals 0.8163.
    4. Step 1 multiplied by Step 3 equals 0.5442 months of leave. Step 1 multiplied by Step 3 equals 0.8163 months of leave.
    5. The leave was at full pay. No further adjustment is needed. The leave was at half pay. Step 4 divided by 2 equals 0.4082 months.
    6. The member's total leave is 0.5442 months plus 0.4082 months. This is 0.9524 months full-time equivalent leave.

    Note: In this example, the member would need more service than is shown in subsection 3 in order to have access to a long service leave credit.

5.5.18 Periods that are not accrued service

In this Part, these periods are not accrued service.

  1. Any period the member is absent without leave for more than a day.

  2. A period of unpaid leave of more than three months. There are two exceptions to this rule.

    1. Leave without pay for illness.

    2. Leave without pay under the Defence (Parliamentary Candidates) Act 1969.

      See: Defence Instruction (General) Personnel 21-1, Political Activities of Members of the Defence Force

    Note: Unpaid leave includes unpaid maternity leave, unpaid parental leave and leave without pay.

  3. Any period of more than one day that the member is not entitled to salary or allowances because regulation 68 of the Defence Force Regulations 1952 applies to them. This does not apply if they later become entitled to the lost salary and allowances.

    Note: This paragraph refers to a period when the member is in detention or convicted of an offence and the Defence Force Regulations 1952 state that they should not get paid in that period. Sometimes a member who is detained or convicted will later be cleared. They can then be paid for that period.

5.5.19 Member's responsibilities

  1. A member should ask for recognition of their prior service as soon as reasonably practical after starting continuous full-time service. This includes prior Reserve service.

  2. The member must give the CDF written evidence of their prior service. If not, the periods will not be counted as accrued service.

    Example: A member was previously employed in the APS (or a corporation or authority). They ask their prior employer to give them a letter. It shows the period of APS employment, any non-effective service, and any long service leave taken or paid in lieu. They give the letter to the decision-maker.

    Non-example: A member on Reserve service starts a period of APS employment. They may be eligible to accrue long service leave credits under the Long Service Leave Act. They would not get credit for their Reserve service under this Part. However, if they returned to perform continuous full-time service they could get a combined long service leave credit for the earlier service under section 5.5.14, Prior Reserve service.

Persons who can make the decision under subsection 5.5.19.2 on behalf of the CDF:
A person working in the Pay and Administration Branch who is not below WO2(E)/APS4

5.5.20 Working out the total period for a member's long service leave credit

  1. This table shows how to work out the total period that a member's long service leave credit is assessed on.

    Calculation of total period
    Step Action See
    1. Work out the member's total period of accrued service. This includes the member's current service, prior full days of Reserve service and other prior service. Sections 5.5.13 to 5.5.17
    2. Work out their total long service leave credit for completed years of service. Division 2 section 5.5.8
    3. Subtract any leave that they have already taken as leave or been paid for instead of leave.
  2. For a grant of long service leave, the entitlement to the actual credit is set out in section 5.5.8.

  3. For a payment instead of long service leave, the entitlement to the actual credit is set out in the following sections.

    1. Section 5.5.26 for a member who has an established long service leave credit.

    2. Section 5.5.28 for a member who does not have an established long service leave credit, but has at least one year's service. They must be leaving the ADF for a reason stated in that section.

Application to Reservists: Yes, on continuous full-time service.



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Further info

  • Defence Instruction (General) Personnel 21-1, Political Activities of Members of the Defence Force
    (This document is available on the Defence intranet or through the Defence Service Centre.)
  • Tax alert, item 58

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