In the ACT, an employee becomes entitled to long service leave after 7 years with a single employer, not 10. Leave builds at 1/5 of a month for each year of service, so 7 years gives 1.4 months. Once entitled, any unused credit is paid out when employment ends for any reason, and a pro rata payment can apply from 5 years.
The ACT is the outlier among the states and territories we checked this month. Its Long Service Leave Act 1976 (republication 29, effective 19 November 2025) uses months, not weeks, and starts earlier. Here's what it says.
The entitlement
| Service with a single employer | What the Act gives |
|---|---|
| Under 5 years | Nothing |
| 5 to under 7 years | Pro rata payment on leaving, in set circumstances only |
| 7 years | 1.4 months of leave (1/5 of a month x 7) |
| Each further year | Another 1/5 of a month |
| 10 years | 2 months in total |
The entitlement for a period of service arises at the end of that period. After year 7, you're entitled to leave for each further year of service as it's completed.
Leaving after 7 years: always paid
Section 11A says that if your employment ends for any reason and you have a long service leave credit, the employer must pay it: to you, or to your legal personal representative if you've died. 'Any reason' includes resigning for another job. The employer commits an offence if it doesn't pay within 90 days after the employment ends.
Pro rata from 5 years
Between 5 and 7 years, section 11C pays a pro rata amount if employment ends because:
- You resign because of illness or incapacity, or a domestic or other pressing necessity that justifies it.
- You resign on or after reaching the minimum retiring age (65 unless an award or agreement sets another age).
- You die.
- The employer ends it for a reason other than your serious and wilful misconduct.
The amount is a share of 2 months, in proportion to your service against 10 years. So 5 years gives one month's ordinary pay.
Booking and paying for ACT leave
- Once you're entitled to 4 weeks or more, the employer must grant it as soon as practicable, considering the business, or at an agreed time.
- The employer must give written notice of the start date at least 60 days ahead, unless you agree otherwise.
- Pay comes in advance for the whole period, on normal paydays, or another agreed way.
- Public and award holidays during the leave add a day each, so the leave is extended.
That last point differs from SA and the NT, where a public holiday inside the leave is simply counted as leave.
Ordinary remuneration in the ACT
You're paid the ordinary remuneration you'd have received if you'd kept working. For part-time and casual employees, the Act multiplies average weekly hours over the 12 months before the entitlement by current ordinary remuneration. If you dropped from full time to part time or casual in the 2 years before becoming entitled, the Act instead divides by 5 your total pay over the previous 5 years, which protects long-serving staff who cut back late.
Service survives a sale or transfer of the business, a change of contractor where the new contractor takes on staff, and moves between associated companies.
The ACT against other states
| 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 |
The minimum national entitlements that sit alongside this are in our National Employment Standards guide; for the biggest state, see long service leave in NSW.
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A worked example
Say you've worked 8 years for one ACT employer. You've built up 1/5 of a month for each of those years, which is 1.6 months of leave. If you resign to take a new job, the employer must pay that credit at your ordinary rate within 90 days. If you'd left at 6 years because of a serious illness, the pro rata rule would pay 6/10 of 2 months instead, which is 1.2 months.
Failing to grant leave, to give the 60 days notice, to pay in the required way or to pay on time are strict liability offences, each with a maximum of 50 penalty units. That's why it's worth keeping your own record of your start date and any break in service. Employers who've just bought a business should ask the seller for those records too: the employee's service carries over.
The verdict
If you work in the ACT, you can stop counting to 10. From year 7 you have leave you can take, and if you resign after that it must be paid out within 90 days. Employers should track the credit from year 5, because illness, retirement or a dismissal can trigger a pro rata bill well before most people expect one.
To see how a state with a ten year threshold compares, read my guide to long service leave in Queensland.
Frequently asked questions
When do you get long service leave in the ACT?
After 7 years of service with a single employer. Leave builds at 1/5 of a month for each year of service.
How much long service leave do you get after 10 years in the ACT?
2 months, at 1/5 of a month for each year of service.
Is long service leave paid out on resignation in the ACT?
Yes, once you have a credit after 7 years. The employer must pay it within 90 days after employment ends, whatever the reason.
Is there pro rata long service leave after 5 years in the ACT?
Yes, if employment ends through illness, incapacity, pressing necessity, retirement age, death, or dismissal other than for serious and wilful misconduct.
