To be entitled to take leave, our records, as reported by your employer(s), must reflect that you have completed 8 years of qualifying service. Qualifying service is service as an eligible employee of one or more employers. It does not include certain absences, such as unpaid or unauthorised leave.
There are exceptions to this timeframe when you cease to be an eligible employee due to redundancy, ill health or retirement. You can check your entitlement date by:
If you resign, you can access your leave entitlement if you have completed at least eight years of qualifying service as an eligible employee. If you have not yet accrued eight years of qualifying service, you will not be able to access your leave entitlement.
If your employment ceases due to redundancy and, at that time, you have at least six years’ qualifying service, you can ask your employer to pay you for your accrued leave entitlement. Refer to the Redundancy Fact Sheet for information about applying for leave under this circumstance.
If your employment ceases for other reasons, such as retirement (on or after age 60), ill health or death, other provisions exist to enable early access to your leave entitlement.
When you are entitled to apply for long service leave but your employer is insolvent, being wound up or has ceased to exist, please contact us in the first instance. We will:
verify your eligibility and leave balance
advise the status of your employer and, if you’re eligible to apply for leave, which application pathway to take.
If we verify that you’re eligible to apply for leave, there will be some documentation you’ll be required to supply to us or the appointed administrator.
If we advise you to apply through your employer or administrator, you’ll need to submit a leave application form. We’ll supply the correct form to use, based on your individual circumstance. If we advise you to apply through Coal LSL, you’ll be asked to provide:
Your last 4 pay slips.
A completed and signed application form.*
A signed Tax File Number (TFN) Declaration.*
*We will provide this form for you.
Coal LSL only collects personal information for a purpose that is directly related to our statutory functions or is otherwise required or authorised by law. For more information, see Coal LSL’s Privacy Statement
Payment will be made to your nominated bank account and a pay slip will be emailed to you.
Amounts paid will be reported by Coal LSL to the Australian Tax Office. These amounts should appear in your income tax return after the end of the financial year.
Section 48 of the Coal Mining Industry (Long Service Leave) Administration Act 1992 provides that 'an eligible employee, or a former eligible employee, may apply, in writing, to the Corporation for a payment in respect of a period of untaken long service leave under Part 5A if the employee’s employer is insolvent, is being wound up or has ceased to exist.'
The leave application and payment process is transacted through your current or most recent employer in the industry.
It’s important to note that your application form must be submitted by an authorised contact at your employer. Coal LSL cannot accept forms from employees.
When you are entitled to long service leave and wish to apply, submit your completed leave application to your employer’s HR or payroll office.
Once approved, your employer will submit your application to us to verify that you are entitled to access your long service leave and that you have a sufficient long service leave balance to cover the period of leave you have applied for. Once verified, your employer will pay your approved leave through their payroll. Your employer can then apply for reimbursement from Coal LSL.
If your employer agrees to changes to your existing long service leave application, reach out to your employer in the first instance to discuss the options available to you for amending.
Alternatively, you can complete a Leave Cancellation Request and submit it, along with a new leave application form with the amended details, to your employer. Both forms must be submitted at the same time through your employer.
If your employer agrees to cancelling your long service leave request, complete the Leave Cancellation Request form and submit it to your employer to liaise with us for processing. Your cancelled hours will be returned to your leave balance.
When completing a form electronically, ensure full functionality of fillable fields by downloading the form to your computer before completing it.