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Workers comp absence: do you still accrue LSL?

Does long service continue to accrue while absent on workers compensation?
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Workers comp absence: do you still accrue LSL?

Workers comp absence: do you still accrue LSL?

30 April 2021

Does long service continue to accrue while you are absent on workers compensation?

It will depend on the relevant state or territory legislation, or an award-derived long service leave term preserved under the National Employment Standards.

Under the Long Service Leave Act 1955 (NSW), the Industrial Relations Act 1999 (Qld)) and the Long Service Leave Act 2018 (Vic), an employee continues to accrue long service leave while absent on workers compensation.


Other jurisdictions

The following is a summary of the continuous service provisions in other state and territory long service leave legislation:
  • Long Service Leave Act 1976 (ACT): an employee accrues long service leave when absent because of injury arising out of or in the course of employment.
  • Long Service Leave Act (NT):  an employee does NOT accrue long service leave when absent on unpaid leave (an absence on workers compensation is considered unpaid leave).
  • Long Service Leave Act 1987 (SA): an employee accrues long service leave when absent on account of illness or injury (including workers compensation).
  • Long Service Leave 1976 (Tas): an employee accrues long service leave when absent due to illness or injury (including workers compensation).
  • Long Service Leave Act 1958 (WA): an employee accrues long service leave when the absence is necessitated by sickness or injury (including workers compensation) but only to the extent of 15 working days in any year of employment.

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