Claims - ACT Leave

Entitlement

Community sector industry workers registered on or after 1 July 2010 are entitled to 4.33 weeks of portable long service leave after 5 years of recorded service in the industry.

You continue to accrue 0.867 weeks of leave for every year thereafter.

Accessing your benefit

To access your benefit, submit a claim form to us. There are different types of claims listed below.

We pay your benefit directly into your nominated bank account.

Amount paid for claims

If you’re an employed worker, you will be paid an amount calculated by multiplying the number of weeks of long service leave by your average weekly ordinary wages.

To calculate your average weekly ordinary wages:

if you’re not receiving compensation under the Workers Compensation Act 1951, we use the highest of these:
- weekly average of ordinary remuneration received in the last 2 quarters of recorded service.
- weekly average of ordinary remuneration received in the last 4 quarters of recorded service.
if you receive compensation under the Workers Compensation Act 1951, we use the weekly average of ordinary remuneration you received during the 4 quarters before the injury occurred.

If you’re a contractor, you will be paid a refund of the total levy contributions you made, plus interest earned.

If you recorded service as both a contractor and as an employed worker, you will be paid the sum of your employee component and contractor component, calculated as above.

Tax on portable long service leave claims

We withhold tax from your payments in line with ATO guidelines. This will show on your end of financial year income statement.

Marginal rates will apply to most portable long service leave payments. Some lump sum termination payments may be taxed at a different rate.

We do not currently deduct income tax on the contractor component of a claim.

Contractors should declare the refund of contributions and interest as income on your tax return for the year the payment was made in.

Claim types

Workers can access their benefit though one of the following claim types:

Claim type	Information
Long service leave	Who can apply? Employed workers with 5 or more years of service, who are still recording service and wish to take paid long service leave from their current employer. Conditions Worker must have a minimum of 5 years of recorded service. Worker must take a minimum of 2 weeks of long service leave each time they claim. Worker must approve the period of leave requested. Make an long service leave claim
Lump sum payment	Who can apply? Unemployed workers or contractors with 5 or more years of service. Conditions Worker must have a minimum of 5 years of recorded service. Worker must take payment equivalent to a minimum of 2 weeks of payment each time they claim, if not claiming the whole entitlement. Worker must be unemployed or registered as a contractor. Make an employee claim
Age retirement	Who can apply? Workers (employed or contractors) registered prior to 1 July 2012 who have less than 5 years of service and wish to take a lump sum payment of their pro-rata entitlement after retiring. Workers with 5 or more years of service should refer to lump sum payment instead. Workers registered on or after 1 July 2012 who have less than 5 years of service are not eligible to claim an entitlement. Conditions Worker must be 55 years or older, or have been granted a service pension under the Veterans Entitlements Act 1986 (Cwlth), section 38 (Eligibility for partner service pension). Worker must have been registered prior to 1 July 2012. Worker must have a minimum of 55 days of recorded service. Make a leaving the industry claim
Total incapacity	Who can apply? Workers (employed or contractors) registered prior to 1 July 2012 who have less than 5 years of service and wish to take a lump sum payment of their pro-rata entitlement after becoming totally incapacitated. Workers with 5 or more years of service should refer to lump sum payment instead. Workers registered on or after 1 July 2012 who have less than 5 years of service are not eligible to claim an entitlement. Conditions A medical practitioner must complete the Certification by Medical Practitioner section of the claim form. Worker must have been registered prior to 1 July 2012. Worker must have a minimum of 55 days of recorded service. Make a total incapacity claim
Deceased	Who can apply? Executors, legal representatives or beneficiaries of a deceased worker who wish to collect a lump sum payment of the worker’s pro-rata entitlement. Conditions Applicant to provide a copy of the death certificate. Applicant to provide a certified copy of the will (if appropriate). Applicant must complete a statutory declaration. Worker must have a minimum of 55 days of recorded service (if registered prior to 1 July 2012), or 5 years of recorded service (if registered on or after 1 July 2012). Make a deceased claim

Claim processing time

The Authority has a claim payment run once a week. If no further information is needed from your current/past employers or interstate jurisdictions to process your claim, then the payment will usually be scheduled within 1 week of the date you are starting your long service leave (dependent upon when claim form is received). For lump sum and leaving the industry claims, the payment will be processed usually within 10 working days of any required information being received/confirmed with your past employer/s or interstate jurisdictions.

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Claiming portable long service leave in the community sector industry