Every long service leave entitlement in Australia

Long service leave has been a significant employee entitlement peculiar to Australia and has been available to some employees in some form since the 1860s.  Long service leave was originally introduced to reward long and faithful service with one employer, reduce labour turnover and enable an employee to have a lengthy period of relaxation during their working life.

Long service leave can be complicated and understanding the correct source of the entitlement and how the various rules apply can be troubling for employers, especially where they have employees in different states. This blog post provides a comparison of some long service leave entitlements in federal awards, as well as state and territory legislation.

The references to provisions of a federal award are references to Part IV of the Metal Engineering and Associated Industries Award 1998, which have largely been adopted in other federal awards.

State and territory long service leave legislation

New South Wales: Long Service Leave Act 1955

Victoria: Long Service Leave Act 2018

Queensland: Industrial Relations Act 2016, Part 3

South Australia: Long Service Leave Act 1987

Western Australia: Long Service Leave Act 1958

Tasmania: Long Service Leave Act 1976

Australian Capital Territory: Long Service Leave Act 1976

Northern Territory: Long Service Leave Act 1981

Some states have portable long service leave schemes for employees in the building and construction, social and community services, contract cleaning and, security industries. 

Long service leave entitlement

Federal long service leave awards

• 13 weeks of leave after 15 years of service from the applicable adjustment date.
• 8.667 weeks of leave after each additional 10 years of service.
• No payment on termination prior to 10 years of service.
• Payment between 10-15 years on termination by the employer for any reason other than serious and wilful misconduct or termination by the employee for any reason. Payment based on total service with the employer.
• Payment after 15 years on termination of employment for any reason, based on completed years of service.

New South Wales

• 2 months (i.e. 8 2/3 weeks) of leave after 10 years of service.
• 1 month (i.e. 4 1/3 weeks) of leave after each additional 5 years of service.
• Payment between 5-10 years on termination by the employer for any reason other than serious and wilful misconduct or termination by the employee on account of illness, incapacity, domestic or other pressing necessity. Payment based on total service with the employer.
• Payment after 10 years on termination of employment for any reason, based on total service with the employer.
• Payment after 15 years on termination of employment for any reason, based on completed years of service.

Victoria

From 1 November 2018:

• 6.067 weeks after 7 years of service.
• Leave accrues progressively after 7 years at the rate of 0.867 weeks for each year of service.
• Payment after 7 years on termination of employment for any reason, based on total service with the employer.

Prior to 1 November 2018:

• 13 weeks of leave after 15 years of service.
• 8.667 weeks of leave after 10 years of service.
• 4.334 weeks of leave after each additional 5 years of service.
• Payment after 7 years on termination of employment for any reason, based on total service with the employer.

Queensland

• 8.667 weeks of leave after 10 years of service.
• 4.334 weeks of leave after each additional 5 years of service.
• After 15 years of service, leave can be taken on a pro rata basis.
• Payment between 7-10 years if:
  • employment terminated due to employee’s death;
  • employee resigns due to illness, incapacity, domestic or other pressing necessity;
  • employer dismisses employee for a reason other than conduct, capacity or performance or unfairly dismisses employee; or
  • employment terminated due to the passing of time and employee had a reasonable expectation and was prepared to continue working until 10 years.
• Payment based on total service with the employer.
• Payment after 10 years on termination of employment for any reason, based on total service with the employer.

South Australia

• 13 weeks of leave after 10 years of service.
• 1.3 weeks of leave after each additional year of service.
• Payment between 7-10 years on termination by the employer for any reason other than serious and wilful misconduct or termination by the employee other than an unlawful termination. Payment based on completed years of service with the employer.
• Payment after 10 years on termination of employment for any reason, based on completed years of service with the employer.

Western Australia

From 4 July 2006:

• 8 2/3 (8.667) weeks of leave after 10 years of service.
• 4 1/3 (4.334) weeks of leave after each additional 5 years of service.
• Payment between 7-10 years on termination by the employer for any reason other than serious misconduct or termination by the employee for any reason. Payment based on total service with the employer.
• Payment after 10 years on termination by the employer for any reason other than serious misconduct or termination by the employee for any reason. Payment based on completed years of service with the employer.

Prior to 4 July 2006:

• 13 weeks of leave after 15 years of service.
• 8 2/3 (8.667) weeks of leave after each additional 10 years of service.

Tasmania

From 1 July 2012:

• 8.667 weeks of leave after 10 years of service.
• 4.334 weeks of leave after each additional 5 years of service.
• Payment between 7-10 years on termination by the employer for any reason other than serious and wilful misconduct or termination by the employee because of retirement, illness, incapacity, domestic or other pressing necessity. Payment based on total service with the employer.
• Payment after 10 years on termination of employment for any reason, based on total service with the employer.

Prior to 1 July 2012:

• 13 weeks of leave after 15 years of service.

Transitional arrangements affect employees already employed as at 1 July 2012. Where an employee has completed at least 12 years of continuous service as at 1 July 2012, the employee will immediately be entitled to take long service leave, subject to the needs of the employer’s establishment. Where an employee, as at 1 July 2012, has completed at least 9 years but less than 12 years of continuous service, they will have to wait until 1 July 2013 before taking leave.

Australian Capital Territory

From 13 April 2005:

• 1.4 months of leave after 7 years of service.
• 1 month of leave after each additional 5 years of service.
• Payment on termination based on 1/5 of a month of leave for each completed year of service.
• Payment between 5-7 years on termination by the employer for any reason other than serious and wilful misconduct or termination by the employee due to death, retirement, illness, incapacity, domestic or other pressing necessity. Payment based on completed years or months of service with the employer.
• Payment after 7 years on termination of employment for any reason, based on completed years of service with the employer.

Northern Territory

• 13 weeks of leave after 10 years of service.
• 6.5 weeks of leave after each additional 5 years of service.
• Payment on termination based on 3 weeks of leave for each completed year of service.
• Payment between 7-10 years on termination by the employer for any reason other than serious misconduct or termination by the employee due to retirement, illness, incapacity, domestic or other pressing necessity. Payment based on completed years of service with the employer.
• Payment between 10-15 years on termination by the employer for any reason other than serious misconduct or termination by the employee for any reason. Payment based on completed years of service with the employer. If termination by the employer for serious misconduct, payment based on completed period of 10 years only.
• Payment after 15 years on termination by the employer for any reason
  other than serious misconduct or termination by the employee for any reason. Payment based on completed years of service with the employer.
  If termination by the employer for serious misconduct, payment based on completed periods of 5 years only.

Further information 

For assistance with long service and any workplace matter, Members of Ai Group can contact us or call our Workplace Advice Line on 1300 55 66 77. 

Members can also see our Long Service Leave (LSL) Provisions Summary which outlines in detail the specific LSL provisions for each Australian state and territory, as well as provisions derived from federal awards.