5.5.13 Accrued service
5.5.14 Prior Reserve service
Members of the Reserves are subject to the break in service rules in subsection 5.5.15.2.
Example: A member parades twice a month, for a full day each time. It would take the member 15 months to give one month's service for long service leave purposes.
5.5.15 Prior service
Example: A member joins the ADF in November. In June of that year the member had resigned from the Western Australian Public Service. This is service that could be counted as service under the Long Service Leave (Commonwealth Employees) Act 1976. As the break in employment is less than a year, the earlier service may be recognised for long service leave purposes.
Non-example: A member of the Reserves has this pattern of service:
| Jan 2019 – March 2022 | Continuous full-time service |
| April 2022 – May 2023 | 4 hours duty, one day a week |
| June 2023 onwards | Continuous full-time service |
The member has had no break in ADF service, but in the period April 2022 – May 2023 did not have any days that were service for long service leave purposes. (See subsection 5.5.14.1)
As the member had a break of more than a year between two periods of service for long service leave purposes, the earlier period cannot be recognised. The member's long service leave starts to accrue in June 2023.
Non-example: A member takes leave without pay from the APS to join the ADF. The APS service may not be recognised until the member resigns from their APS employment.
5.5.16 Overlapping prior service
Example: A member has prior Reserve service at the same time the member was a full-time APS employee.
Example: From 1 January 2014 to 31 December 2018 a member was a full-time APS employee. During that period the member also attended regular Reserve parades. The member has five years' prior service for the five calendar years.
5.5.17 Effect of part-time prior service
Examples:
- Employees may have accrued long service leave at part-time rates.
- Employees may have been paid at part-time rates for long service leave they have taken.
Example: A member advises that they used to be employed in the APS, as a part-time employee. The member is able to show documentary evidence of this.
This was their employment pattern:
| 1 July 2010 to 30 June 2011 | 20 hours a week 1 to 31 March 2011 was non-effective service |
| 1 July 2011 to 30 June 2012 | 30 hours a week |
| Step | Calculation | |
|---|---|---|
| Period 1 July 2010 to 30 June 2011 | Period 1 July 2011 to 30 June 2012 | |
| 1. | The member had 365 days service, less 31 days non-effective service = 334 days | The member had 365 days service. |
| 2. | The member worked 20 hours a week. | The member worked 30 hours a week. |
| 3. | Step 1 multiplied by Step 2 equals 6680. | Step 1 multiplied by Step 2 equals 10950. |
| 4. | 6680 hours divided by 36.75 equals 181.77 days. | 10950 hours divided by 36.75 equals 297.96 days. |
| 5. | The member's total part-time prior service is 181.77 days plus 297.96 days. This, rounded, becomes a total of 480 days. | |
Example: In the example in subsection 3, the period 1 July 2000 to 30 June 2002 would be recorded on the Defence leave management system as follows.
Non-service days 250 (ie 730 days less 480 days worked).
Example: The member in the example in subsection 3 took some long service leave during their part-time periods of duty. Because of the different long service leave rules in the APS, the leave was paid at part-time rates.
This was the member's leave pattern.
| 1 November 2013 to 30 November 2013 | 1 month's leave 30 November 2013 20 hours a week Leave was taken at full pay. |
| 1 November 2014 to 30 November 2014 | 1 month's leave 30 November 2014 30 hours a week Leave was taken at half pay. |
| Step | Calculation | |
|---|---|---|
| Period 1 November 2013 to 30 November 2013 | Period 1 November 2014 to 30 November 2014 | |
| 1. | The member took 1 month of leave | The member took 1 month of leave. |
| 2. | The member worked 20 hours a week. | The member worked 30 hours a week. |
| 3. | 20 hours divided by 36.75 equals 0.5442. | 30 hours divided by 36.75 equals 0.8163. |
| 4. | Step 1 multiplied by Step 3 equals 0.5442 months of leave. | Step 1 multiplied by Step 3 equals 0.8163 months of leave. |
| 5. | The leave was at full pay. No further adjustment is needed. | The leave was at half pay. Step 4 divided by 2 equals 0.4082 months. |
| 6. | The member's total leave is 0.5442 months plus 0.4082 months. This is 0.9524 months full-time equivalent leave. | |
Note: In this example, the member would need more service than is shown in subsection 3 in order to have access to a long service leave credit.
5.5.18 Periods that are not accrued service
Unpaid leave includes unpaid maternity leave, unpaid parental leave and leave without pay.
5.5.19 Member's responsibilities
Example: A member was previously employed in the APS (or a corporation or authority). They ask their prior employer to give them a letter. It shows the period of APS employment, any non-effective service, and any long service leave taken or paid in lieu. They give the letter to the decision-maker.
Non-example: A member on Reserve service starts a period of APS employment. They may be eligible to accrue long service leave credits under the Long Service Leave Act. They would not get credit for their Reserve service under this Part. However, if they returned to perform continuous full-time service they could get a combined long service leave credit for the earlier service under section 5.5.14, Prior Reserve service.
