Long Service Leave

The amount and eligibility rules of paid leave vary between states and territories.

 

ACT (Long Service Leave Act 1976):

  • Employees are entitled to 1.4 months of paid leave after 7 years of continuous service. 1 month of leave after each additional 5 years of service.
  • At least 60 days of notice in writing.
  • Cashing out leave is only provided upon termination of employment.
  • Leave exclusive of public holidays.
  • Full-time, part-time, and casual employees are entitled to long service leave, provided they have completed the required amount of continuous service.
  • https://www.worksafe.act.gov.au/laws-and-compliance/long-service-leave

NSW (Long Service Leave Act 1955):


NT (Long Service Leave Act 1981):

  • Employees are entitled to 13 weeks of long service leave after 10 years of continuous service with their employer. 6.5 weeks of leave after each additional 5 years of service.
  • 2 months’ notice.
  • Cashing out leave is prohibited.
  • Leave inclusive of public holidays
  • Full-time, part-time, and casual employees are entitled to long service leave, provided they have completed the required amount of continuous service.
  • https://nt.gov.au/employ/for-employees-in-nt/holidays-and-leave/long-service-leave

QLD (Industrial Relations Act 2016):

  • Employees are entitled to 8.6667 weeks of paid leave after 10 years of continuous service with their employer. 4.3333 weeks of leave after each additional 5 years.
  • Portable long service leave is available to building and construction industry employees (apprentices, trainees, casuals and full-time workers) and contract cleaning industry employees. This enables employees to work for multiple employers and gain their long service leave benefit from the Portable Long Service Leave Scheme.
  • 3 months’ notice.
  • Cashing out leave is permitted under relevant industrial instrument.
  • Leave exclusive of public holidays.
  • https://www.business.qld.gov.au/running-business/employing/legal-obligations/long-service-leave

SA (Long Service Leave Act 1987 (SA)):


Tas. (Long Service Leave Act 1976):

  • Employees are entitled to 8.6667 weeks of paid leave after completing 10 years of continuous employment. 4.3333 weeks of leave after each additional 5 years of service.
  • Leave to be granted and taken as soon as practicable upon reaching the entitlement.
  • Cashing out leave permitted with conditions.
  • Leave exclusive of public holidays.
  • https://worksafe.tas.gov.au/topics/laws-and-compliance/long-service-leave

Vic. (Long Service Leave Act 2018):

  • Employees entitled to 6.0667 weeks of paid leave after 7 years of continuous service with the employer.
  • 12 weeks’ notice.
  • Cashing out leave is prohibited.
  • Leave exclusive of public holidays.
  • Full-time, part-time, casual and seasonal employees are entitled to long service leave, provided they have completed the required amount of continuous service.
  • https://www.vic.gov.au/long-service-leave

WA (Long Service Leave Act 1958):

  • Employees entitled to 8.6667 weeks of leave after 10 years of continuous service with their employer. 4.3333 weeks of leave after each additional 5 years of service.
  • Cashing out leave is permitted with conditions.
  • Leave exclusive of public holidays.
  • Full-time, part-time, and casual employees are entitled to long service leave, provided they have completed the required amount of continuous service.
  • Employees and businesses that operate in the state system have different employment rights and obligations and are not covered by the Long Service Act. These include:
    • Sole traders
    • Unincorporated partnerships
    • Unincorporated trust arrangements
    • Incorporated associations that are not trading or financial corporations and other not-for-profit organisations that are not trading or financial corporations.
  • https://www.commerce.wa.gov.au/labour-relations/long-service-leave-0

 

Some states and territories provide workers in some industries access to portable long service leave. In these instances, employees keep their long service leave entitlement even if they work on different projects for one or more employers.

For portable long service leave in the: