Each State and Territory regulates long service leave entitlements. Long service leave is also part of the National Employment Standards, which the Fair Work Ombudsman oversees. They make sure that employers cannot contract out of their responsibility to provide employees with long service leave. When you can take your leave depends on the State or Territory in which you reside. You also might be eligible for a pro-rata payment of long service leave on termination of your employment after a certain length of time. This means you will be paid out your entitlement if your employment is terminated. This article provides an overview of the long service entitlements in each State and Territory so you can easily work out which applies to you.

NSW

  • After ten years of continuous service, full-time, part-time and casual employees will receive approximately 8.5 weeks of leave and further paid leave after each additional period of five years with the same employer.
  • Pro-rata payment: In some circumstances, if you have worked for the same employer for over five years but less than ten years then you may be entitled to a pro-rata payment if you need to resign due to illness or incapacity, death or your employment is terminated for any reason other than serious and wilful misconduct.

ACT

  • After seven years of continuous service, you will receive about six weeks of paid leave. Every year worked after that you would accrue another 1/5 of a month of leave.
  • Pro-rata payment: When you have been employed for at least five years but less than seven, and your employment has been terminated because of illness or incapacity, reaching minimum retiring age, death, or for a reason other than serious and wilful misconduct.

VIC

  • After ten years of continuous employment with the same employer, you will receive 8.66 weeks of paid leave.
  • Pro-rata payment: When you’ve worked for your employer for at least seven years and your employer terminates your employment, you are entitled to be paid long service leave at the rate of one week for each 60 weeks of employment, no matter the reason for the termination of your employment.

QLD

  • After ten years of continuous employment, you will be entitled to 8.25 weeks of paid leave.
  • After you have completed ten years of service, you will be entitled to take an additional 4.3 weeks of leave when you have completed another five years of continuous employment.
  • Pro-rata payment: You will be entitled to a pro-rata payment if you have completed at least seven years of service but less than ten years and your employer has terminated your employment due the following:
    • Illness or incapacity; or
    • Domestic or other pressing necessity; or
    • Death; or
    • Unfair dismissal; or
    • Dismissal for a reason other than conduct, capacity or performance.
    • If you have worked for over 10 years and your employment is terminated, you will receive a pro-rata payment, no matter the reason for termination.

SA

  • After ten years of continuous service with the same employer or related employers, you are entitled to 13 weeks of paid leave. You will be entitled to an extra 1.3 weeks for each year of service after that.
  • Pro-rata payment: Applies when your employment has been terminated and you have worked for the same employer for over seven years of service but less than ten years. In this situation you will be entitled to the value of 1.3 weeks of leave for each completed year of service. You will not be entitled to this payment if your employment has been terminated due to serious or wilful misconduct or if you have unlawfully terminated your own employment.

WA 

  • After ten years continuous service, you will be entitled to 8.66 weeks of paid leave. For every five years after, you will be entitled to an additional 4.33 weeks.
  • Pro-rata payment: If you have worked for at least seven years but less than ten, you are entitled to a payment if you resign or are dismissed for any reason except serious misconduct or are made redundant. 

TAS

  • After ten years of continuous service, you will be entitled to 8.66 weeks of paid leave. For every five years after, you will be entitled to an additional 4.33 weeks.
  • Pro-rata payment: If you’ve worked for at least seven years but less than ten, you may be entitled to a payment if your employment has been terminated for illness, incapacity, death, domestic or other pressing necessity, reaching retirement age, or any other reason apart from serious and wilful misconduct.

NT

  • After ten years of continuous service, you will be entitled to 1.3 weeks for each completed year of service. Further entitlements apply after each period of five years of service after that.
  • Pro-rata payment: If you’ve worked for more than seven years but less than 10, you will receive payment for 1.3 weeks of each year of service if you resign because you have reached retirement age, illness, incapacity, death, domestic or pressing necessity or any reason other than serious misconduct.

***

If you are unsure of your entitlements and need legal advice, get in touch with our specialist employment lawyers on 1300 544 755.

Bianca Reynolds

Ask Bianca a Question

If you would like further information on any of the topics mentioned in this article, please get in touch using the form on this page.