In the Northern Territory, an employee with 10 years of continuous service is entitled to long service leave of 1.3 weeks for each completed year, so 13 weeks at 10 years. After that, a further 1.3 weeks a year becomes takeable at the end of each 5-year block. Between 7 and 10 years, a payout is due only in set situations, such as retirement or dismissal for anything but serious misconduct.
Everything below comes from the Long Service Leave Act 1981 as published on the NT legislation site. If an award, agreement or a Minister-approved scheme covers you, its terms can apply instead.
How much you get
| Service with the employer | What the Act gives |
|---|---|
| 7 to under 10 years | A payout of 1.3 weeks per completed year, only in set circumstances |
| 10 years | Leave of 1.3 weeks per completed year: 13 weeks |
| Each further 5 years | Another 1.3 weeks per completed year of that block: 6.5 weeks |
The Act caps it there: nothing requires an employer to grant more than 1.3 weeks for each completed year of continuous service.
When you're paid out between 7 and 10 years
Section 10 pays 1.3 weeks per completed year if you stop being an employee, other than by death, in one of these ways:
- On or after reaching the age at which you may retire.
- The employer ends your employment for a reason other than serious misconduct.
- You leave because of illness, incapacity, or a domestic or other pressing necessity serious enough to justify it.
If you die, your personal representative can request what you'd have been owed. A plain resignation for a new job between 7 and 10 years isn't on the list.
Leaving after 10 years
Once you're entitled, the employer must pay out your long service leave credit when you leave, unless you die (the estate route applies). There's one twist for serious misconduct: if you're dismissed for it, you're still paid, but only for completed blocks. Between 10 and 15 years you get the first 10 years only; from 15 years, completed 5-year periods only. Any part-block is lost.
Taking the leave
- The employer grants it as soon as practicable after it accrues, considering business needs, or from an agreed date.
- It's one continuous period, or up to 3 separate periods of at least 4 weeks each if you both agree.
- Unless you agree otherwise, the employer must give you at least 2 months notice of the start date.
- A public holiday during the leave counts as part of it, so the leave isn't extended.
Outside the payout rules above, the Act bans paying cash instead of leave. You can't simply agree to cash it out while employed.
How the pay is calculated
The Act uses a formula for each completed year of service: rate of pay x hours of work per week in that year x 1.3. Overtime hours are excluded, and so are district, site and climatic allowances and penalty rates. Because hours are counted year by year, someone who went part time keeps credit for their full-time years at today's rate. That's fairer to long-serving staff than a simple last-12-months average.
The Act's own worked example, as of October 2026: 40 hours a week for all 10 years at $15 an hour gives $7,800 ($15 x 40 x 1.3 x 10). That rate is illustrative, from the Act's text, not a current wage.
The NT next to 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 |
For the eastern states see long service leave in NSW and Queensland's rules.
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Rules that catch people out
- You can't take other paid work of the same kind while you're on long service leave granted under the Act.
- An employment agreement can't give you less than the Act does; the Act overrides it.
- An employer can't restructure your employment to dodge the obligation.
- Employers must keep long service leave records, and a person authorised by the Minister can demand them.
Breaking the Act is an offence carrying up to 8 penalty units or 6 months imprisonment, and a court can also order the employer to pay what's owed. Prosecutions can start up to 3 years after the act or omission.
The verdict
NT employees get one of the better long service leave deals in the country: 13 weeks at 10 years and a year-by-year pay formula. The catch is the 7 to 10 year window. Resign for a better offer and you get nothing; leave because the employer ends it, or for illness or a pressing family reason, and you're paid. Keep evidence of the reason.
Employers should also remember the cap works both ways. The Act sets a floor and a ceiling, and an agreement that gives less than the Act is overridden by it. If you're unsure whether a scheme or award has replaced the Act for your staff, check for a Minister-approved agreement or exemption before relying on it.
Next door in Victoria the rules differ, and I explain them in my guide to long service leave in Victoria.
Frequently asked questions
How much long service leave do you get in the NT?
1.3 weeks for each completed year once you reach 10 years of continuous service, so 13 weeks at 10 years.
Is long service leave paid out after 7 years in the NT?
Only if you leave at retirement age, are dismissed for a reason other than serious misconduct, or leave because of illness, incapacity or a pressing domestic necessity.
How much notice must an NT employer give before long service leave?
At least 2 months notice of the start date, unless the employee agrees otherwise.
Can I split long service leave in the NT?
Yes, by agreement, into no more than 3 periods of at least 4 weeks each.
