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Self-Employed

Entitlement

Your self-employed Working Subcontractor entitlement to a Long Service Leave Benefit works differently to any entitlement built up through Service as a Worker or Apprentice.

As a Working Subcontractor, you are in control of your own Long Service Leave Benefit. The payments you make now will directly impact your Long Service Leave Benefit when you come to claim. The more you contribute now, the more you will receive when you decide to take your well-earned break. Each year of service equates to 1.3 weeks of long service leave entitlement. The value of your Working Subcontractor entitlement is determined by the amount of Long Service Leave Charges you choose to contribute.

You can apply to claim your portable Long Service Leave Benefit entitlement after you have built up a total of 7 years of continuous Service with LeavePlus. Service built up with any of our interstate partner schemes can be used along with the Service you have built up with LeavePlus to reach the 7-year total.

You must claim your Long Service Leave Benefit entitlement through the state or territory in which your most recent 55 days of service was recorded.

There is no portable long service leave entitlement available to claim from LeavePlus if your total record of continuous service is less than 7 years.

Working Subcontractors often have more than one component to their entitlement by accruing service in 2 different ways; as well as having been self-employed, many have also accrued Service as a Worker.

Any Working Subcontractor component consists of a payment of the voluntary contributions you have made, together with the interest that has accrued over time in respect of those payments.

For any portion of your Long Service Leave Benefit that has accrued from Service as a Worker, you are paid according to your last recorded gross weekly wage as a Worker, adjusted to reflect any industry-wide pay rises that have occurred between the last recorded wage and you taking leave. If you still have payslips from your most recent construction role as a Worker, you must provide these with your claim application. This part of the benefit payment is classed as taxable income. Accordingly, tax will be withheld and you will be issued with a payment summary detailing the amount of tax withheld in your claim.

For more information about how Worker Service entitlements are calculated, visit the Workers Entitlement page.

You must submit your claim for a Long Service Leave Benefit through the state or territory in which your most recent Service was recorded. If your last Service was accrued in Victoria, then LeavePlus will be happy to process your claim.

The fastest method of claiming a Long Service Leave Benefit is by applying online. If you have already set up your online access with LeavePlus, simply log in at the top of this page and then select ‘Submit a Claim’.

You must make sure you have scanned/email copies of your most recent 3 payslips from when you were last on wages (if available) ready to upload before you start your application.

  1. Fill out the details requested in the online claim form.
  2. Upload your pay slips at the end of your claim process.
  3. That’s it. You’re all done!

If you need to send pay slips to us separately, please email them to claims@leaveplus.com.au

Claims take on average 2 to 4 weeks to process, dependent on when your leave is due to commence.

You can set up your online access now with LeavePlus if you have already registered an email address against your LeavePlus registration number. Simply click ‘Need a New Password’ at the top of this page.

If you need to register an email address with us, you can do this by calling LeavePlus on 03 9664 7677. We can set up your online access over the phone.

In the event that you are unable to submit a claim online, please call us so we can email one to you to print out at home or send to you by post.

Approved Long Service Leave Benefit payments will be directly credited to Workers’ bank accounts. You need to provide your BSB number and account details on the application form, as well as your Tax File Number. If you have registered a valid email address against your LeavePlus account, we will email you when your claim has been approved with a prospective payment date.

If you are currently employed, LeavePlus will also notify your employer. Please note that you need the agreement of your current employer before taking any leave from work.

Your benefit payment will be deposited to you in one transaction, subject to tax (calculated at a weekly equivalent, rather than on the whole amount).

You will also be sent a pay advice document around one to two weeks after receiving the funds to advise of the gross payment details and amounts of tax withheld etc.


Tax-free Threshold

When completing a Long Service Leave Benefit claim application form, you must answer the Tax-free Threshold section of the claim form by selecting either ‘Yes’ or ‘No’.

If you have any enquiries in relation to whether you are eligible to claim the tax-free threshold, please contact the Australian Taxation Office on 132 861, your payroll officer or a tax agent.

If you do not select an option, LeavePlus will process the claim on the basis that you selected ‘No’.

LeavePlus cannot provide advice on whether an individual is eligible to claim a tax-free threshold.


Extending your leave

Long Service Leave Benefit payments are deposited to you in one transaction.

If your claim is still in process and has not yet been paid to you by LeavePlus, you can advise us of your request to extend your Long Service Leave claim via email at claims@leaveplus.com.au

If your claim has already been paid out to you, then you cannot extend that claim, as it is a completed transaction. You will need to submit a new claim to claim any further Long Service Leave Benefit.

If you have accrued the required amount of continuous Service (currently a minimum of 7 years), you will have a Long Service Leave Benefit entitlement which you can claim whenever you like.

That entitlement will not cancel or expire. It is there until such a time as you either claim the Long Service Leave Benefit from us (even if you have left the industry), or you pass away. In the case of the latter, any remaining entitlements can be paid out to your estate in a death benefit claim.

If you have a Break in Service and have accrued an entitlement to a Long Service Leave Benefit before the break occurs, that Long Service Leave Benefit entitlement will remain available for you to claim, even if you leave the industry again.

The interstate reciprocal agreement means that if you work interstate, your time in the construction industry can still be counted towards an eligibility for a Long Service Leave Benefit. However, you must notify and register with the relevant interstate long service leave scheme. Visit the Interstate schemes page for contact details.

It is also important that you notify LeavePlus of your work and registration interstate so that our records note that you have long service leave credits elsewhere. Until you apply for a Long Service Leave Benefit, your record of Service in the industry is kept separately in each state or territory scheme. Please also notify interstate schemes and LeavePlus of any change of address.

Can I roll my interstate service together?

No. The Service accrued in a certain state or territory can only be recorded with the authority in the jurisdiction in which the work was performed. For example, LeavePlus can only keep record of your work performed in Victoria. You cannot transfer any interstate record onto your record with us.

However, your interstate Service can count towards your eligibility for a Long Service Leave Benefit. Simply complete the interstate section of the claim form for your current host state. Any interstate entitlements can be paid out to you as part of your benefit payment.

You can have breaks from recorded Service for a maximum of up to 4 years. As long as your Service record has gaps of no more than 4 years, you can build onto your previously accrued service credits as one continuous Service record.

However, if you have a gap of more than 4 years, your previous Service record will be made inactive. You will not be able to build onto the existing record, as the gap will mean that there is not continuous Service. Any eligible entitlements accrued from previous service blocks will still be claimable.

If you were a non-contributing Working Subcontractor during a Break in Service period, you can provide LeavePlus with evidence that you were still in the construction industry at that time by sending us a copy of the taxable income page of your tax return for that year (showing your ABN, work type, and total financial income for that financial year). As long as this evidence shows you were contracting in Victoria during this time, with gaps of no more than 4 years between this evidence and your recorded service credits, then we can apply an Approved Break in Service to your account, whereby your service will be classed as one continuous block (provided the evidence does not relate to work carried out prior to 1 Dec 1997).

Service as a Working Subcontractor cannot be backdated as contributions are optional for Working Subcontractors. If you did not contribute at the time, you will have lost out on any possible Service credits for that time.

If you have received a written diagnosis from a medical specialist that you have a terminal illness and have less than 12 months to live, a Payment in Lieu can be paid to you if you have not already qualified for a Long Service Leave Benefit. The following conditions must be met for a Working Subcontractor to submit an application:

  • You have accrued at least 55 days of service with LeavePlus
  • You have paid voluntary Working Subcontractor Long Service Leave Charges
  • Your last Service was accrued no more than 4 years prior to the date of application.

To apply for a Payment in Lieu please email claims@leaveplus.com.au. A claims consultant will provide a form which you must complete and return to LeavePlus along with a copy of the signed medical diagnosis of terminal illness.

For those who have a terminal illness but had already qualified for a Long Service Leave Benefit, you can still apply for that benefit through the normal online process as a ‘Left Industry’ claim and no medical document will be required to process your application.

If you pass away and have already accrued an entitlement to a Long Service Leave Benefit from continuous Service in the construction industry, that benefit can be paid out to your estate upon receipt of a certified copy of the death certificate.

If you pass away, a death benefit calculated on your accrued Service can be paid out to your estate as long as the following conditions are met:

  • You have accrued at least 55 days of service with LeavePlus
  • Your most recent Service was accrued no more than 4 years prior to the date of death.

The death benefit can be paid out to your estate upon receipt of a certified copy of the death certificate. The payment is made via cheque to the estate of the deceased. The cheque cannot be made out to any other third party.

Working Subcontractors will start receiving Service credits from when they commence paying Long Service Leave Charges. There are two different calculations for the accrual of Service, dependent on when your Service was performed:

  • Service accrued prior to 1 July 2002 is based on an accrual of 0.866 weeks of long service leave per full year of accrued Service (equivalent to 13 weeks after 15 years’ Service)
  • Service accrued after 1 July 2002 is based on an accrual of 1.3 weeks of long service leave per full year of accrued Service (equivalent to 13 weeks after 10 years’ Service).