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Long Service Leave in Queensland: 10 Years, Pro-Rata at 7 and the Formula

In Queensland, employees get 8.6667 weeks of paid long service leave after 10 years of continuous service with one employer, then another 4.3333 weeks after 5 more years (13 weeks in total at 15 years), under the Industrial Relations Act 2016. After 15 years, leave can be taken as it accrues. A pro-rata payout is possible from 7 years if employment ends for a qualifying reason.

The Act covers most Queensland employees, including casual, regular part-time and seasonal staff, wherever no long service leave entitlement exists under the federal system. Everything below comes from Business Queensland's long service leave pages, run with the Office of Industrial Relations, which can investigate breaches.

Queensland long service leave entitlements

Continuous serviceEntitlement
Less than 7 yearsNo entitlement
7 but less than 10 yearsPossible pro-rata payment on termination
10 years8.6667 weeks
After a further 5 yearsA further 4.3333 weeks (total of 13 weeks)
More than 15 yearsLeave can be accessed as it accrues

Queensland's example: someone with 12 years' service who leaves is paid 10.4 weeks (8.6667 + 1.73333). Once you pass 10 years, any payout is based on your full period of continuous service.

Pro-rata payouts between 7 and 10 years

Between 7 and 10 years, a payout on leaving is only owed if the main reason for the termination is one of these:

  • The employee dies.
  • The employee resigns because of their illness (including injury, incapacity or another medical condition) or a domestic or other pressing necessity.
  • The employer dismisses the employee because of their illness.
  • The employer dismisses the employee for a reason other than their conduct, capacity or performance.
  • The employer unfairly dismisses the employee.

After 10 years, the payout's automatic whatever the reason, and it doesn't matter whether you resign, retire or are let go. If you believe you've been underpaid, Business Queensland has a long service leave claim form.

The formula for casual and part-time employees

Casual and regular part-time staff have the same 10-year qualifying period. Their leave is worked out in hours:

StepCalculation
FormulaTotal ordinary hours worked, divided by 52, multiplied by 8.6667, divided by 10 = hours of long service leave
Example: 8 years, 9,600 hours, qualifying exit9600 / 52 x 8.6667 / 10 = 160.0006 hours
Example: 10 years, 15,600 hours15600 / 52 x 8.6667 / 10 = 260.001 hours
Example: 13 years, 18,720 hours18720 / 52 x 8.6667 / 10 = 312.0012 hours

By agreement, the 260.001 hours can be taken as a full-time equivalent: 6.8421 weeks on a 38 hour week. Hours already taken are deducted. People who've switched between full-time, part-time and casual use the same method, adding up ordinary hours across every type of employment.

Since 30 March 1994, all continuous service of a casual counts, but service may end if there's a gap of more than 3 months between one engagement and the next. Casuals are paid at their loaded casual hourly rate.

How long service leave is paid in Queensland

  • At the current ordinary rate when the leave is taken, excluding overtime.
  • At the higher rate if the employee is paid above the award.
  • With no leave loading.
  • Exclusive of public holidays: any public holiday on a normal working day during the leave is added to it.

Long service leave keeps accruing while an employee is on paid sick, annual or long service leave. Tax and super questions on the payment go to the ATO.

Taking it and cashing it in

The timing should be agreed. If it can't be, the employer can require the employee to take at least 4 weeks of long service leave with at least 3 months' written notice. Cashing it in is only possible if the award, enterprise agreement or certified agreement allows it, or if the employee applies to the Queensland Industrial Relations Commission on Form 13, on compassionate or financial hardship grounds, once they've qualified.

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If the business changes hands, entitlements transfer, including where an employee is dismissed at the time of the sale or in the month before and is employed by the new owner within 3 months. Construction and contract cleaning workers have separate portable schemes. Service outside Queensland, including overseas, is decided case by case following the Queensland Court of Appeal's 2025 decision in Infosys Technologies Limited v Fox, so there's no blanket rule either way.

A worked check for employers

  1. Confirm the employee's start date and that service hasn't been broken, including any gap of more than 3 months for a casual.
  2. For full-time staff, use the completed years and months of service against Business Queensland's entitlement table.
  3. For casual or part-time staff, total their ordinary hours and apply the formula.
  4. Deduct any long service leave they've already taken.
  5. Pay at the current ordinary rate, or the loaded rate for casuals, with no leave loading.

If you're unsure, the Industrial Relations Infoline can help before you pay, which is cheaper than fixing an underpayment after a claim.

Records employers must keep

Employers must record the total ordinary hours worked by each casual employee from the start of their service to 30 June each year, and keep that record for 6 years after employment ends. Business Queensland recommends doing the same for part-time staff. Without it, the casual formula can't be applied, so start the record on day one. It's also what you'll lean on if a former employee lodges a claim years later. For the wider set of minimum entitlements, see the National Employment Standards, and for super on top of wages, the superannuation guarantee.

The verdict

Seven years is the number to watch in Queensland, not ten: that's when pro-rata rights can start if someone leaves for illness, redundancy or unfair dismissal. For casuals, the hours record is everything, because the whole entitlement is worked out from it.

Frequently asked questions

How much long service leave do you get in Queensland?

8.6667 weeks after 10 years of continuous service, then another 4.3333 weeks after a further 5 years, for 13 weeks in total.

Can you get long service leave after 7 years in Queensland?

As a pro-rata payment on termination, if the main reason is death, illness, pressing necessity, dismissal not related to conduct or performance, or unfair dismissal.

How is long service leave calculated for casuals in Queensland?

Total ordinary hours divided by 52, multiplied by 8.6667, divided by 10.

Can you cash out long service leave in Queensland?

Only if your award or agreement allows it, or the Queensland Industrial Relations Commission orders it on compassionate or financial hardship grounds.

Published and maintained by the Lilach Bullock team, covering marketing, AI and business growth.
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