Under South Australia's Long Service Leave Act 1987, a worker with 10 years of service gets 13 weeks of long service leave, then 1.3 weeks for each further year. A worker who leaves after 7 but under 10 years is paid 1.3 weeks for each completed year, unless they were sacked for serious and wilful misconduct or ended the contract unlawfully.
South Australia is one of the more generous states: 13 weeks at 10 years, against 8.667 weeks in WA and Tasmania. Everything below is taken from the current authorised version of the Act on the SA legislation site.
The entitlement
| Service | Long service leave |
|---|---|
| Under 7 years | Nothing on leaving |
| 7 to under 10 years | Paid out on termination at 1.3 weeks per completed year (with two exceptions) |
| 10 years | 13 weeks |
| Each year after 10 | A further 1.3 weeks |
Entitlements only arise for completed years of service. 'Service' means continuous service with the same employer or related employers, so a takeover or a move between related companies keeps your clock running.
When the 7-year payout doesn't apply
Between 7 and 10 years, the Act pays you out on termination unless:
- Your contract was terminated on the ground of your serious and wilful misconduct, or
- You ended the contract unlawfully.
That's a much shorter list than in Tasmania or the Northern Territory, where you have to fit one of a few named reasons. In SA, a normal resignation between 7 and 10 years still pays. If a worker dies, the entitlement goes to their personal representative.
What doesn't break your service
Section 6 of the Act keeps your continuity of service through, among other things:
- Illness or injury.
- Annual leave or long service leave.
- Any other kind of leave (though the time doesn't count towards service).
- A stand-down for slackness of trade where you're re-employed.
- A break the employer creates to avoid long service leave obligations.
- Any other break by the employer where you're re-employed within two months.
An apprenticeship counts too, if you start with the same employer within 12 months of finishing it.
How you're paid
You're paid at your 'ordinary weekly rate of pay', which excludes overtime, shift premiums and penalty rates. Two adjustments matter:
- Commission or payment-by-result workers: weekly earnings are averaged over the 12 months before the leave or payout.
- Hourly, part-time, casual or varied-hours workers: average weekly hours over the previous three years are multiplied by the current hourly rate.
That three-year look-back is unusual. Tasmania and the ACT use 12 months for casuals, so a SA casual who cut their hours recently may still be paid on a higher average.
Taking the leave
- The employer should grant it as soon as practicable after you become entitled, considering the needs of the business.
- It should be taken in one continuous period.
- The employer should give at least 60 days notice of the start date.
- You can agree to defer it, split it, take it on shorter notice, or take it in advance of the entitlement.
Public holidays inside a period of long service leave count as leave days, so they don't extend it. You can also agree in writing to be paid instead of taking leave, but only after the entitlement has accrued. Pay can come in advance, on normal paydays, or another agreed way.
SA against the rest of Australia
| 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, compare long service leave in NSW and Queensland's rules. For the wider minimum entitlements that sit alongside state long service leave, see the National Employment Standards.
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Records your employer must keep
Section 10 makes record keeping part of the deal. For every worker, the employer must record the start date, duties, rate of pay, weekly hours where relevant, the long service leave entitlement, leave taken, any payment instead of leave, and how and when employment ended. Those records must be kept throughout your service and for at least three years after it ends.
Two details help workers most. You're entitled to inspect your own records during normal office hours. And every 12 months the employer must work out your average weekly hours over the previous 12 months, which is the raw material for the three-year average used on casual and part-time pay.
Before leave starts, the employer must give you a statement of the days you're taking and the days left afterwards. If you change between related employers, the old employer must pass your records to the new one.
The verdict
If you're in South Australia with 7 or more years behind you, you're in a strong position: 1.3 weeks a year paid out on almost any exit. Employers with casual staff should calculate pay on the three-year average, not last month's roster. That's where most underpayments start.
Casual staff raise one more question, whether they can switch to permanent, and I answer it in my guide to casual conversion in Australia.
Frequently asked questions
How much long service leave do you get in SA?
13 weeks after 10 years of service, then 1.3 weeks for each further year.
Is long service leave paid out after 7 years in SA?
Yes. A worker who leaves after 7 but under 10 years is paid 1.3 weeks per completed year, unless dismissed for serious and wilful misconduct or they ended the contract unlawfully.
How is long service leave pay calculated for casuals in SA?
Average weekly hours over the previous three years are multiplied by the current hourly rate, excluding overtime, shift premiums and penalty rates.
Can you cash out long service leave in SA?
Only by a written individual agreement signed by both sides after the entitlement has accrued.
