If an employee has a long service leave entitlement that fully accrued on or after 20 June 2022 (that is, their initial 10 year period of continuous employment or subsequent 5 year period was completed on or after 20 June 2022), the current Long Service Leave Act provisions about continuous employment apply. 

This means that for a full time or part time employee, a period of workers compensation does not count towards the length of the employee’s period of continuous employment for long service leave unless:

• the employee was receiving paid annual leave or long service leave while (i.e. at the same time) they were receiving workers compensation payments; or
• the employee was performing work during the period of workers compensation, including participating in a return to work program, in which case they accrue long service leave for any time that they perform work; or
• the period of workers compensation occurred on or after 1 July 2024 (see information above).

Different rules apply for casual employees who fully accrue a long service leave entitlement on or after 20 June 2022. For these casual employees, any absence after which the employee has, due to the regular and systematic nature of the employment, a reasonable expectation of returning to work for the employer, counts towards the length of the employee’s period of continuous employment. A period of workers compensation may therefore count towards long service leave accrual for casual employees.

The Long service leave – Casual and seasonal employees page has more information about continuous employment for these types of employees.

If an employee has a long service leave entitlement that fully accrued prior to 20 June 2022, (that is, their initial 10 year period of continuous employment or subsequent 5 year period was completed prior to 20 June 2022), the previous Long Service Leave Act provisions about continuous employment apply. 

This means that absences due to sickness or injury (including workplace injuries) of up to 15 days per year count towards the employee's period of continuous employment. Absences due to sickness or injury in excess of 15 days per year would not count towards the employee's period of continuous employment, unless:

• the employee was performing work during the period of workers compensation, including participating in a return to work program, in which case they accrue long service leave for any time that they perform work; or
• the employee received paid annual leave or long service leave while (i.e. at the same time) they were receiving workers compensation payments, in which case they accrue long service leave for the period of annual or long service leave.