Long Service Leave Entitlements

Each State and Territory has different legislation for long service leave, including the amount of leave and qualification for taking it or receiving payment in lieu of termination. The NES preserves existing long service leave entitlements from various State jurisdictions, Awards, and Agreements.

 

NSW

  • Legislation: Long Service Leave Act 1955.
  • Entitlements: After 10 years of continuous service, you are entitled to 8.67 weeks of severance pay. 
  • Pro-rata entitlements on termination: However, if you are terminated by your employer for reasons other than serious misconduct, or if you resign due to injury, ill health or domestic pressing necessity, you are only entitled to severance pay after 5 years.
  • Long service leave entitlements apply to all employees in NSW, regardless of hours worked. For the latest information, visit the NSW Industrial Relations website.

 

VIC

  • Legislation: Long Service Leave Act 2018
  • Entitlement: After seven years of continuous employment, an employee is entitled to long service leave. The amount is proportional to the employees’ years of service, calculated as the employee’s total number of weeks of employment divided by 60.
  • Pro-rata entitlements on termination: An employee who is terminated after seven years of service is entitled to pro-rata long service leave. 
  • These entitlements apply to all types of employment agreements.

 

QLD

  • Legislation: Industrial Relations Act 2016.
  • Entitlements: 8.67 weeks entitlement after 10 years of continuous service.
  • Pro-rata entitlements on termination: If an employee is terminated for any reason after seven years of service, their long service leave needs to be paid out on a pro-rata basis. This applies only if terminated by the employer for reasons excluding serious misconduct; or if resigning due to injury, ill health or domestic pressing necessity.
  • Full-time, part-time and casual employees all have the same entitlement to long service leave.

 

WA

  • Legislation: Long Service Leave 1958.
  • Entitlements: After 10 years of continuous service, you are entitled to 8.67 weeks of paid leave. 
  • Pro-rata entitlements on termination: After 7 years of continuous service, you can be terminated for any reason except serious misconduct
  • Full-time, part-time and casual employees are all entitled to long service leave.

 

SA

  • Legislation: Long Service Leave Act 1987.
  • Entitlement to take long service leave: After 10 years of continuous service, employees are entitled to 13 weeks of long service leave.
  • Pro-rata entitlements on termination: For employees with 7-10 years of service, long service leave is pro-rated, calculated as 1.3 weeks of leave for each completed year of service.
  •  In South Australia, these entitlements apply to most full-time, part-time, and casual employees, though payment for long service leave is calculated differently for part-time and casual employees.

 

TAS

  • Legislation: Long Service Leave Act 1976.
  • Entitlement to take long service leave: Upon termination of employment after 10 years of continuous service, employees are entitled to be paid out their long service leave. This amount is equal to 8.67 weeks entitlement after 10 years of continuous service. Thereafter, an additional 4.34 weeks entitlement after each subsequent 5 years of continuous service.
  • Pro-rata entitlements on termination: You are entitled to continuous service leave after 7 years, unless you are terminated by your employer for reasons other than serious misconduct, or if you resign due to injury or ill health.
  • Long service leave entitlements apply for full-time, part-time and casual employees, as well as trainees and apprentices.

 

NT

  • Legislation: Long Service Leave Act 1981.
  • Entitlement: Employees are eligible for 13 weeks of long service leave after 10 years of continuous service.
  •  Pro-rata entitlements on termination: After 7 years of continuous service, you are entitled to pro-rata benefits if you are terminated by your employer for reasons other than serious misconduct, or if you resign due to injury, ill health, or domestic pressing necessity. After 10 years’ continuous service – termination on any grounds, however in cases of serious misconduct, entitlement paid on each completed 10 years only.
  • Full-time, part-time and casual employees are all entitled to long service leave.

 

ACT

  • Legislation: Long Service Leave Act 1976.
  • Entitlements: After seven years of continuous service, employees in the ACT are entitled to long service leave.
  • Pro-rata entitlements on termination: If employment is terminated, employees may be entitled to a pro-rata payment for long service leave if they have a minimum of five years of continuous service.
  • All private-sector employees in the ACT are entitled to long service leave.

 

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.

 

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of August 2021.

 

This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 18 February 2022.

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