In Tasmania, a private sector employee covered by the Long Service Leave Act 1976 gets 8.667 weeks of paid leave after 10 years of continuous employment, and 4.333 weeks for each further 5 years. Between 7 and 10 years, a pro rata payment is due only in set situations, such as retirement age, death or dismissal for anything short of serious and wilful misconduct.
Tasmania's rules are close to WA's on the headline numbers but tighter on payouts. This guide follows WorkSafe Tasmania's own pages on long service leave and pro rata leave. They don't cover government workers, construction workers (TasBuild handles those) or employees whose federal award or agreement has its own long service leave terms.
Entitlement at a glance
| Continuous employment | Entitlement |
|---|---|
| 7 to under 10 years | Pro rata payment on termination, only in set circumstances |
| 10 years | 8.667 weeks of paid leave |
| Each further 5 years | 4.333 weeks |
When pro rata is paid
WorkSafe Tasmania splits this into situations where you will be paid and situations where you may be paid.
| You will be paid if | You may be paid if |
|---|---|
| You reach retirement age (60 for women, 65 for men) | Employment ends because of an illness that justified it |
| You die (paid to the estate) | You resign because of incapacity |
| The employer ends your employment for any reason other than serious and wilful misconduct | You resign because of a 'domestic or other pressing necessity' |
To lose pro rata on dismissal, the conduct has to be serious and wilful and misconduct: all three. Being pushed to resign can count as constructive dismissal; WorkSafe's example is an employer telling someone to resign or be sacked. Our guide to constructive dismissal explains the wider concept.
How the pro rata figure is worked out
Divide your continuous employment in years (including part years) by 10, then multiply by 8.667 weeks. WorkSafe's two examples:
- Exactly 9 years, resigning because of ill health: 9 x 0.8667 = 7.8003 weeks.
- 13 years, 6 months and 14 days, resigning for any reason: 13.5383 x 0.8667 = 11.7336 weeks.
The second example shows that once you're past 10 years, the part-period after your last accrual is paid on leaving for any reason. On death, the estate receives 1/60th of ordinary pay for the relevant period of continuous employment.
Casual and part-time workers
Casuals and part-timers qualify, but there's a test: they're treated as continuously employed if they've regularly worked 32 hours or more in each consecutive four-week period. Fall below that and the chain can break. Their ordinary pay for leave is based on the average hours worked over the previous 12 months (total hours divided by 52).
What counts and what doesn't
These absences don't break service and do count: annual or long service leave, public holidays, certified illness or injury, jury service, and any interruption the employer creates to dodge leave obligations. These don't break service but don't count either: maternity leave, industrial disputes, re-employment within 3 months after most terminations, and other approved absences. Re-engagement within 2 months by a new employer in the same business keeps you continuous.
Taking it, cashing it in and pay
- Leave is taken at an agreed time; if you can't agree, WorkSafe can be asked to adjudicate.
- It's taken in one period unless you both agree to two.
- You can agree to cash it in, or take a mix of cash and leave.
- Ordinary pay includes shift penalties, part-time and casual loadings and all-purpose allowances, but not overtime, bonuses, meal or travel allowances.
Tasmania next to its neighbours:
| State or territory | Full entitlement | After that | Pro rata payout on leaving |
|---|---|---|---|
| Western Australia | 8.667 weeks after 10 years | 4.333 weeks per further 5 years | From 7 years, including resignation |
| South Australia | 13 weeks after 10 years | 1.3 weeks per further year | From 7 years, unless serious and wilful misconduct or unlawful termination by the worker |
| Tasmania | 8.667 weeks after 10 years | 4.333 weeks per further 5 years | From 7 years, only in set circumstances |
| Northern Territory | 13 weeks after 10 years (1.3 weeks a year) | 1.3 weeks a year, taken in 5-year blocks | From 7 years, only in set circumstances |
| ACT | Leave accrues from 7 years at 1/5 of a month a year | Each further year adds 1/5 of a month | Accrued credit always paid; pro rata from 5 years in set circumstances |
Disputes and mining workers
If you and your employer can't agree on whether pro rata is due, or on when leave is taken, the matter can go to the Tasmanian Industrial Commission, whose past decisions are a useful guide to what counts as 'pressing necessity'. WorkSafe's Helpline gives general advice, but it won't give a legal opinion on your case.
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Mining employees sit under different provisions of the same Act, and WorkSafe publishes a separate page for them. If you work in mining, don't rely on the figures above without checking that page first.
The verdict
If you're a Tasmanian employee between 7 and 10 years and thinking of resigning, don't assume a payout. Unless you're at retirement age or leaving for illness, incapacity or a pressing domestic reason you can evidence, you may walk away with nothing. If you're near 10 years, it can pay to stay. Mainland comparisons: long service leave in NSW and Victoria's rules.
Employers get one practical tip from WorkSafe itself: when someone resigns for illness or a family reason, ask for supporting evidence and decide pro rata on it, rather than refusing by default. If the reason holds up at the Commission, you'll owe the payment anyway, and you'll have spent time and goodwill getting there.
Casual loadings and weekend rates are a separate topic from leave, and our guide to penalty rates covers how they apply.
Frequently asked questions
How much long service leave do you get in Tasmania?
8.667 weeks of paid leave after 10 years of continuous employment, then 4.333 weeks for each further 5 years.
Is long service leave paid on resignation in Tasmania?
Between 7 and 10 years, only if you resign because of illness, incapacity or a domestic or other pressing necessity, or at retirement age. After 10 years, the part-period is paid on leaving for any reason.
How is pro rata long service leave calculated in Tasmania?
Divide continuous employment in years by 10 and multiply by 8.667 weeks. Nine years gives 7.8003 weeks.
Do casuals get long service leave in Tasmania?
Yes, if they've regularly worked 32 hours or more in each consecutive four-week period.
