Can an employee work for someone else during a period of long service leave? Long service leave entitles an employee to a period of paid leave after an extended period of continuous employment. That period of employment is usually between seven and 10 years, and the long break may help to foster a healthy work-life balance by allowing an employee an extended rest.

Working while on long service leave is the last thing on many employees’ minds, but some may have reason to seek out other work while taking leave from their usual place of employment. This may concern employers who hope that time off would be beneficial for the employee to reduce any anxiety and stress, and come back to work rested and refreshed. Dealing with long service leave questions is just another part of managing people. Here we discuss long service leave entitlements and whether or not employees must take that time off any and all work, or if they are permitted to work for other organisations during that time.

Can you work while on long service leave?

Whether an employee can work for another employer during a period of long service leave will depend on the provisions of the relevant long service leave legislation. The following is a summary of long service leave legislation with respect to this issue:

Western Australia

Long service leave for employees in the private sector in Western Australia is regulated by the Long Service Leave Act 1958 [WA]. Under this legislation (s27), it is prohibited for employees to engage in paid employment that is in substitution for the employment from which they are on long service leave. Where this is found to be the case, an employee may forfeit their long service leave entitlement.

Australian Capital Territory

The Long Service Leave Act 1976 (ACT) does NOT prohibit an employee from working for another employer during a period of long service leave.

New South Wales

The Long Service Leave Act 1955 (NSW) does NOT prohibit an employee from working for another employer during a period of long service leave.

Northern Territory

The Long Service Leave Act 1981 (NT) (s16) provides that an employee shall not engage in any other remunerative employment with duties of the kind performed by the employee in the employment from which the leave was granted.

Queensland

The Industrial Relations Act 1999 (Qld) does NOT prohibit an employee from working for another employer during a period of long service leave.

South Australia

The Long Service Leave Act 1987 (SA) provides that an employee must not, while on long service leave, engage in any other employment in place of their current employment. An employer must not, knowing that an employee is on long service leave, engage an employee in employment so that the employee commits a breach of the Act.

Tasmania

The Long Service Leave Act 1976 (Tas) does NOT prohibit an employee from working for another employer during a period of long service leave.

 Victoria

The Long Service Leave Act 2018 (Vic) states that it is an offence to work while on long service leave or to employ someone who is on long service leave.