Educators in NSW childcare and community services gain long service leave entitlements, with portable rights protecting years of service across employers.
As educators, it’s important to understand your entitlements around long service leave. This benefit recognises your commitment and years of service in the childcare and community services sector. The rules can feel complicated, but knowing the basics helps you plan your career, make informed decisions, and protect your rights. Below is a simple breakdown of how long service leave works for educators in NSW, including the new portable scheme that applies to our sector.
What It Means
Long service leave is extra paid time off you earn after working for many years. It rewards long, continuous service in the same job or industry.
Standard Rules
- After 10 years with one employer, you get 8.6667 weeks paid leave.
- Every extra 5 years adds another 4.3333 weeks.
Pro‑Rata Rules
If you leave between 5–10 years, you may get a part‑payment (pro‑rata) only if:
- Your employer ends your job (not for serious misconduct).
- You resign because of illness, incapacity, or urgent family/domestic needs.
- You pass away (payment goes to your estate).
If you resign for a career change or a better opportunity, you don’t get pro‑rata before 10 years. After 10 years, payout applies for any reason if your job ends between 10 and 15 years.
Portable Scheme for Community Services
From 1 July 2025, NSW introduced a portable long service leave scheme for community services (including Guardian Early Learning).
- Your service is counted across different employers in the sector.
- At 7 years recognised service, you can take about 6.1 weeks leave.
- If you leave the industry after 5 years, you can claim pro‑rata.
Example: If you’ve worked 9 years at Guardian, this may already be recorded with the Long Service Corporation. If you move to another childcare/community services employer, your service continues.
What Educators Should Do
- Check your award or enterprise agreement – Guardian may offer more generous terms.
- Ask HR if your service is registered under the portable scheme.
- NSW Industrial Relations Info line: 13 16 28
- Fair Work Ombudsman: 13 13 94
Key Takeaway
- At 9 years, you only get pro rata if leaving for illness/incapacity/pressing necessity.
- If you move to another employer in the sector, your service may carry over under the portable scheme.
- At 10 years, payout applies no matter why you leave.
Understanding your long service leave rights is essential for planning your career in the childcare and community services sector. Whether you are approaching the 10‑year milestone, considering a move to another employer, or navigating the new portable scheme, knowing the rules ensures you don’t miss out on entitlements you’ve worked hard to earn.
Educators should stay informed, check agreements, and seek guidance when needed. Long service leave is not just a benefit—it’s recognition of your dedication to children, families, and the wider community.
Further Reading
Unpaid Overtime in Early Childhood Education: Know Your Rights
Breaks, Leave, Overtime and Wage-Related Matters
Time Off Instead Of Payment For Overtime
Roster Rights for Educators
Sick Notice And Medical Certificates