There is no single Australian long service leave law. Your entitlement comes from the Act of the state or territory where you work: 7 years of continuous service in Victoria and the ACT, 10 years in the other six, with very different rules on what is paid if you leave before then.
10 years
of continuous service in six of the eight jurisdictions, and 7 years in Victoria and the ACT
The table below puts the eight Acts next to each other. Each cell gives the rule as the Act states it, with the section beside the amount and the pro rata rule; the state page linked in the first column quotes the wording and works examples.
The eight Acts side by side
| Where you work | Act | Leave arises after | How much | Further service | Pro rata on leaving: from when, and on what grounds | Cashing out while employed | Public holiday during the leave |
|---|---|---|---|---|---|---|---|
| NSW | Long Service Leave Act 1955 | 10 years | 2 months (8⅔ weeks) (LSL Act 1955 (NSW) s 4(2)(a)(i)(A)) | 1 month (4⅓ weeks) for each further 5 years | From at least 5 years of service, on dismissal other than for serious and wilful misconduct, or an ending for illness, incapacity, pressing necessity or death (LSL Act 1955 (NSW) s 4(2)(a)(iii)) | no payment instead of leave while employed | an extra day for each public holiday |
| Victoria | Long Service Leave Act 2018 (Vic) | 7 years | 1/60 of the period of continuous employment (LSL Act 2018 (Vic) s 6) | the same 1/60 for all continuous employment | Paid on any ending once 7 years are completed, and nothing before (LSL Act 2018 (Vic) s 9(1), s 10(1)) | no cash-out unless an Act or fair work instrument permits it | public holidays and annual leave not counted as leave |
| Queensland | Industrial Relations Act 2016 (Qld) | 10 years | 8⅔ weeks (IR Act 2016 (Qld) s 95(2)(a)) | 4⅓ weeks for each further 5 years | From 7 years, only on the grounds the Act lists, such as death, illness, a pressing necessity or a dismissal that is not about conduct, capacity or performance (IR Act 2016 (Qld) s 95(4)) | only where an industrial instrument allows it and both sides sign an agreement, or by order of the Commission (IR Act 2016 (Qld) s 110(2)–(4)) | public holidays not counted as leave |
| WA | Long Service Leave Act 1958 (WA) | 10 years | 8⅔ weeks (LSL Act 1958 (WA) s 8(2)(a)) | 4⅓ weeks for each further 5 years | From 7 years, on death or any ending except dismissal for serious misconduct (LSL Act 1958 (WA) s 8(3)(a)–(b)) | a signed written agreement once the leave has accrued | an extra day for each public holiday |
| SA | Long Service Leave Act 1987 (SA) | 10 years | 13 weeks after 10 years (LSL Act 1987 (SA) s 5(1)(a)) | 1.3 weeks for each further year | From 7 completed years, on any ending except serious and wilful misconduct or the worker unlawfully ending the contract (LSL Act 1987 (SA) s 5(3) and (4)) | only by a written agreement signed after the leave accrues | public holidays counted as days of leave |
| Tasmania | Long Service Leave Act 1976 (Tas) | 10 years | 8⅔ weeks after 10 years (LSL Act 1976 (Tas) s 8(2)(a)(i)) | 4⅓ weeks for each further 5 years | From 7 completed years, on retirement age, illness, incapacity or pressing necessity, or dismissal other than for serious and wilful misconduct (LSL Act 1976 (Tas) s 8(3)) | payment instead of leave by agreement | public holidays not counted as leave |
| ACT | Long Service Leave Act 1976 (ACT) | 7 years | ⅕ of a month a year (LSL Act 1976 (ACT) s 4) | leave for each year completed after the 7th | From 5 years, on resigning for illness, incapacity or pressing necessity, retirement at or after the minimum retiring age, or death, or dismissal other than for serious and wilful misconduct (LSL Act 1976 (ACT) s 11C(1)) | no rule on cashing out while employed | one extra day for each public holiday |
| NT | Long Service Leave Act 1981 (NT) | 10 years | 1.3 weeks for each completed year of service (LSL Act 1981 (NT) s 8(1)) | further leave at the end of each further 5 years | From 7 years, on retirement age, dismissal not for serious misconduct, or illness, incapacity or domestic or other pressing necessity (LSL Act 1981 (NT) s 10(2)) | no payment instead of leave while employed | public holidays counted as leave, with no extension |
Read the pro rata column with care. It is the payment for service short of the full entitlement when employment ends, and in most places the reason you leave decides it. The pro rata page sets out each ground and how the same facts give different answers from one Act to the next.
How much after 7, 10, 15 and 20 years
These amounts are our arithmetic from each Act's rate, with the working shown in each cell. They assume full-time service that was continuous the whole time. Where the Act counts only completed years (South Australia and the Northern Territory) or completed years and months (the ACT), the figures are for completed years. Victoria counts one sixtieth of the period of service, and we take a year as 52 weeks, as the Victorian government's own worked example on its long service leave page does. The ACT Act states leave in months, so its figures stay in months.
What the first column of years means
In Victoria and the ACT the amount after 7 years is a full entitlement you can take as leave. In the other six it is only the pro rata amount, and it is paid only if employment ends on a ground that Act accepts. New South Wales starts pro rata even earlier, after at least 5 years of service.
| Where you work | After 7 years | After 10 years |
|---|---|---|
| NSW | 6.07 weeks (our arithmetic: 4⅓ weeks × 2 × 7 ÷ 10 = 6.07 weeks) | 8⅔ weeks (our arithmetic: 4⅓ weeks × 2 = 8⅔ weeks) |
| Victoria | 6.07 weeks (our arithmetic: 1/60 × 52 × 7 = 6.07 weeks) | 8⅔ weeks (our arithmetic: 1/60 × 52 × 10 = 8⅔ weeks) |
| Queensland | 6.07 weeks (our arithmetic: 8⅔ weeks × 7 ÷ 10 = 6.07 weeks) | 8⅔ weeks |
| WA | 6.07 weeks (our arithmetic: 8⅔ weeks × 7 ÷ 10 = 6.07 weeks) | 8⅔ weeks |
| SA | 9.10 weeks (our arithmetic: 1.3 weeks × 7 = 9.10 weeks) | 13 weeks |
| Tasmania | 6.07 weeks (our arithmetic: 8⅔ weeks after 10 years × 7 ÷ 10 = 6.07 weeks) | 8⅔ weeks |
| ACT | 1⅖ months (our arithmetic: ⅕ × 7 = 1⅖ months) | 2 months (our arithmetic: ⅕ × 10 = 2 months) |
| NT | 9.10 weeks (our arithmetic: 1.3 weeks × 7 = 9.10 weeks) | 13 weeks (our arithmetic: 1.3 weeks × 10 = 13 weeks) |
| Where you work | After 15 years | After 20 years |
|---|---|---|
| NSW | 13 weeks (our arithmetic: 4⅓ weeks × 3 = 13 weeks) | 17⅓ weeks (our arithmetic: 4⅓ weeks × 4 = 17⅓ weeks) |
| Victoria | 13 weeks (our arithmetic: 1/60 × 52 × 15 = 13 weeks) | 17⅓ weeks (our arithmetic: 1/60 × 52 × 20 = 17⅓ weeks) |
| Queensland | 13 weeks (our arithmetic: 8⅔ weeks × 15 ÷ 10 = 13 weeks) | 17⅓ weeks (our arithmetic: 8⅔ weeks × 20 ÷ 10 = 17⅓ weeks) |
| WA | 13 weeks (our arithmetic: 8⅔ weeks + 4⅓ weeks = 13 weeks) | 17⅓ weeks (our arithmetic: 8⅔ weeks + 4⅓ weeks × 2 = 17⅓ weeks) |
| SA | 19½ weeks (our arithmetic: 13 weeks after 10 years + 1.3 weeks × 5 = 19½ weeks) | 26 weeks (our arithmetic: 13 weeks after 10 years + 1.3 weeks × 10 = 26 weeks) |
| Tasmania | 13 weeks (our arithmetic: 8⅔ weeks after 10 years + 4⅓ weeks = 13 weeks) | 17⅓ weeks (our arithmetic: 8⅔ weeks after 10 years + 4⅓ weeks × 2 = 17⅓ weeks) |
| ACT | 3 months (our arithmetic: ⅕ × 15 = 3 months) | 4 months (our arithmetic: ⅕ × 20 = 4 months) |
| NT | 19½ weeks (our arithmetic: 1.3 weeks × 15 = 19½ weeks) | 26 weeks (our arithmetic: 1.3 weeks × 20 = 26 weeks) |
The New South Wales figures multiply the Act's months by its own conversion of a month, 4⅓ weeks. Queensland's Act writes the full amount as 8.6667 weeks, which is 8⅔ weeks rounded to four decimals, so its rows come to the same amounts as the other Acts' 8⅔ weeks. For your own dates, part years and breaks, use the calculator.
When the state or territory Act is not the one that applies
Most employees in the national workplace system still get long service leave from the state and territory Acts. The Fair Work Ombudsman's fact sheet says it comes from State and Territory laws where no award or agreement applies. Three groups sit outside that pattern.
Older award and agreement terms
Some employees have long service leave terms written into an award or agreement made before the national system began, and those terms were kept. The same fact sheet says preserved terms prevail over State or Territory laws. The fact sheet adds that modern awards cannot include long service leave terms. For an enterprise agreement made later, State or Territory law prevails in most cases. The Ombudsman describes the national rule itself as transitional, pending a uniform national standard. Where an award or agreement has its own long service leave clause, the Ombudsman's Long service leave fact sheet explains which terms apply.
Several state Acts say the same thing from their side:
- South Australia's Act does not apply to workers with leave under another Act or a Fair Work instrument (LSL Act 1987 (SA) s 16).
- The Northern Territory's Act does not apply to people with long service leave under another law or award (LSL Act 1981 (NT) s 6(2)).
- The main entitlement in the New South Wales Act gives way to a more favourable award, agreement or other Act (LSL Act 1955 (NSW) s 5(1)).
- WorkSafe ACT describes the ACT Act as covering private sector employees outside an award or agreement.
Public sector employees
People who work for the Commonwealth are under the Long Service Leave (Commonwealth Employees) Act 1976. It covers people employed by the Commonwealth, full-time or part-time, and sets the qualifying period at 10 years. Tasmania's Act leaves out State employees and some local government employees (LSL Act 1976 (Tas) s 3). The ACT Act's definition of an employee leaves out public employees. The groups outside the Northern Territory's Act are listed on the Northern Territory page. Public sector schemes are outside the scope of this guide.
Coal mining and portable industry schemes
Black coal mining has a national scheme under the Coal Mining Industry (Long Service Leave) Administration Act 1992. It covers employees working in the operation of a black coal mine, and leave comes after 8 years of qualifying service, which can be built up across employers in the industry. Construction, contract cleaning, community services and security work have portable schemes in several states, where service follows the worker rather than the employer. Both are set out on the portable long service leave page.
Where the detail is
Each state page starts from what is particular to its Act and quotes the section that decides each point: NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory. Those pages also name who to contact first, the body that decides a dispute where the Act names one, and where to get free help. Casual and part-time service, and how pay is averaged when hours change, are on the casual and part-time page.
Sources
- Long Service Leave Act 2018, Victorian Government (Parliamentary Counsel). Checked .
- Long Service Leave Act 1955, NSW Parliamentary Counsel's Office. Checked .
- Industrial Relations Act 2016, Queensland Government (Parliamentary Counsel). Checked .
- Long Service Leave Act 1958, Government of Western Australia (Parliamentary Counsel). Checked .
- Long Service Leave Act 1987, South Australian Legislation. Checked .
- Long Service Leave Act 1976, Tasmanian Legislation Online. Checked .
- Long Service Leave Act 1976, ACT Legislation Register. Checked .
- Long Service Leave Act 1981, Northern Territory Legislation. Checked .
- Long service leave fact sheet, Fair Work Ombudsman. Checked .
- Long service leave, WorkSafe ACT. Checked .
- Long Service Leave (Commonwealth Employees) Act 1976, Federal Register of Legislation. Checked .
- Coal Mining Industry (Long Service Leave) Administration Act 1992, Federal Register of Legislation. Checked .