Claims - ACT Leave

Entitlement

Building and construction industry workers registered on or after 1 January 1997 are entitled to 13 weeks of portable long service leave after 10 years of recorded service in the industry.

You continue to accrue 1.3 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

Claim type	Information
Long service leave	Who can apply? Employed workers with 10 or more years of service, who are still recording service and wish to take paid portable long service leave. Conditions Worker must have a minimum of 10 years of recorded service. Worker must take a minimum of 2 weeks of long service leave each time they claim. Employer must approve the period of leave requested (except for contractors). Make a long service leave claim
Long service leave payment only	Who can apply? Employed workers with 10 or more years of service, who are still recording service and wish to collect a payment instead of taking leave from their current employer. Conditions Worker must have registered prior to 1 July 2012. Worker must have a minimum of 10 years of recorded service. Worker must take a minimum of 2 weeks of payment each time they claim, if not claiming the whole entitlement. Worker must be currently employed. Make a long service leave claim
Lump sum payment	Who can apply? Unemployed workers or contractors with 10 or more years of service. Conditions Worker must have a minimum of 10 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
Leaving the industry	Who can apply? Workers (employed or contractors) with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after ceasing to work in the industry permanently. Workers with 10 or more years of service should refer to lump sum payment instead. Conditions Worker must have a minimum of 5 years of recorded service (if registered prior to 1 July 2012), or 7 years of recorded service (if registered on or after 1 July 2012). Worker must sign a statutory declaration indicating that they have permanently left the industry and stating their intended occupation. A mandatory waiting period of 20 weeks after ceasing work in the industry applies. Make a leaving the industry claim
Age retirement	Who can apply? Workers (employed or contractors) with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after retiring. Workers with 10 or more years of service should refer to lump sum payment instead. 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 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 leaving the industry claim
Total incapacity	Who can apply? Workers (employed or contractors) with less than 10 years of service who wish to take a lump sum payment of their pro-rata entitlement after becoming totally incapacitated. Workers with 10 or more years of service should refer to lump sum payment instead. Conditions A medical practitioner must complete the Certification by Medical Practitioner section of the claim form. 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 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. For workers registered before 1 July 2012: worker has a minimum of 5 years of service; or worker has a minimum of 55 days of recorded service and was deceased within 4 years of last recorded service. For workers registered on or after 1 July 2012, either: worker has a minimum of 7 years of service worker has a minimum of 5 years of service and was deceased within 4 years of last recorded service. Make a deceased claim

Claim processing time

We have a claim payment run once a week.

We’ll usually schedule payment within 1 week of the date you’re starting your portable long service leave, depending on:

when your claim form is received
whether we need further information from current or past employers or interstate jurisdictions to process your claim.

We usually process lump sum and leaving the industry claims within 10 working days of receiving or confirming any required information with:

your past employer/s
interstate jurisdictions.

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Claiming portable long service leave in the building and construction industry