Long service leave is paid leave you earn after working for the same employer for a long time. In Australia it mostly comes from state and territory laws, not the national Fair Work system, so the rules depend on where you work. In New South Wales, Western Australia and Tasmania it's about 8.67 weeks after 10 years; Victoria gives it after 7 years.
Long service leave is one of the few workplace entitlements in Australia that isn't set nationally. The Fair Work Ombudsman says most employees' entitlement comes from the long service leave law in their state or territory, which sets how long you must work to qualify and how much leave you get. Some awards and registered agreements also deal with it.
That's why a single number for the whole country doesn't exist. The table below sets out the rules in the states whose official pages we checked this month.
Long service leave by state
| State | When you can take it | How much | Pro rata on leaving |
|---|---|---|---|
| New South Wales | After 10 years' continuous service | 2 months (8.67 weeks), then 1 month (4.33 weeks) for each extra 5 years | From 5 years if the employer ends the job (not for serious misconduct) or you leave for illness, incapacity or pressing necessity |
| Victoria | After 7 years' continuous employment | 1 week for every 60 weeks of service, about 0.866 of a week a year | Unused leave paid out when employment ends after 7 years |
| Western Australia | After 10 years' continuous employment | 8.667 weeks, then 4.333 weeks for every extra 5 years | Possible payment after 7 years when employment ends |
| South Australia | After 10 years | Accrues at 1.3 weeks per completed year of service | Available after 7 years of continuous service |
| Tasmania | After 10 years' continuous employment | 8 2/3 weeks, then 4 1/3 weeks for each extra 5 years | Possible on termination after 7 but less than 10 years |
Queensland, the ACT and the Northern Territory have their own Acts too. In the ACT, WorkSafe ACT runs the Long Service Leave Act 1976 for private sector staff who aren't covered by an award or agreement. For the detail in each, see our guides to long service leave in Queensland, the ACT and the Northern Territory, and our NSW long service leave guide for the full NSW calculator rules.
The Victorian rule that changes the maths
Victoria is the outlier, and it's the sourced detail most people miss. Under the Long Service Leave Act 2018, an employee becomes entitled after at least 7 years with one employer, both to take the leave and to be paid any unused entitlement when employment ends. Leave accrues at one week for every 60 weeks of continuous service.
The Victorian Government's own example: Jenny has worked at a chemist for 8 years and 6 weeks. Her employer multiplies 8 years by 52 weeks to get 416 weeks, adds the extra 6 weeks to reach 422, divides by 60, and she's entitled to take up to 7 weeks' long service leave. In most other states she'd still be waiting until year 10 to take any of it.
Do casuals get long service leave?
In most states, yes. NSW law covers full-time, part-time and casual workers. Western Australia and Victoria include casual and seasonal employees. South Australia says most workers are entitled regardless of whether they're full-time, part-time or casual. Tasmania covers casual and part-time employees who complete 10 years of continuous employment.
The catch is continuity. In Victoria, a casual or seasonal employee's employment counts as continuous as long as there's no gap of more than 12 weeks between periods of work, with some exceptions. Tasmania works out a casual's ordinary pay from the average hours worked over the 12 months before the leave starts, divided by 52.
What happens when a business is sold
Service usually survives a sale. Victoria says that if an employee stays on after a business is sold or ownership is transferred, their years of service still count and the new owner becomes responsible for the existing entitlement. Western Australia's page also notes that service with a previous employer can count where there's been a change of business ownership.
Portable schemes
Some industries have portable long service leave schemes, so workers who change employers often but stay in the same industry can build up recognised service across several employers. NSW notes that the state Act can still apply alongside a portable scheme, for example after 10 years with the same employer.
The ACT shows how far this goes. ACT Leave runs portable schemes for the construction, cleaning, community and security industries, where employers pay into the scheme and workers keep their service when they move between employers, even counting time as a self-employed worker in the covered industry.
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The NSW 5-year pro rata rule
New South Wales has the earliest payout point we found. A worker with at least 5 but less than 10 years' continuous service gets a pro rata payment if the employer ends the job for any reason other than serious and wilful misconduct, or if the worker leaves because of illness, incapacity, or domestic or other pressing necessity. After 10 years, it's paid however the job ends.
NSW's own example: Dean worked part time at a store from 1 November 2009 until it closed on 1 May 2015. He had more than 5 but less than 10 years' service and was let go for a reason other than misconduct, so he was owed a pro rata payment of 4.76 weeks. The employer must pay it immediately when the job ends.
How to work out your entitlement
- Find which state or territory law applies: usually the one where you work.
- Check whether an award or registered agreement covers long service leave for you.
- Count your continuous service with this employer, including any service carried over from a business sale.
- Apply your state's rate, and use the official calculator where your state offers one, such as Victoria's or WA's.
- If you're leaving, check whether you've passed your state's pro rata point.
Employer duties
Employers must keep long service leave records. In Victoria an employer can also direct an employee to take long service leave, but only with at least 12 weeks' written notice. Victoria says they must provide them to current or former employees on request. If an employee believes they're owed an entitlement, the first step in Victoria is to ask the employer to pay it, and claims under $20,000 (as of October 2026) can go to the Industrial Division of the Magistrates' Court after a written letter of demand.
My verdict
Long service leave is a state entitlement wearing a national name. If you're an employer with staff in more than one state, you're running more than one set of rules, and Victoria's 7-year threshold is the one that catches people out. Check the state page, count continuous service carefully and keep records from day one. If you're an employee coming up to 7 or 10 years, it's worth knowing your number before you decide when to move on.
Frequently asked questions
How many weeks of long service leave do you get after 10 years?
In New South Wales, Western Australia and Tasmania it's about 8.67 weeks after 10 years' continuous service. South Australia accrues 1.3 weeks per year, and Victoria accrues one week for every 60 weeks of service.
Is long service leave covered by the Fair Work Act?
Mostly no. The Fair Work Ombudsman says most employees' long service leave comes from state and territory laws, though some awards and registered agreements also cover it.
Can you get long service leave after 7 years?
In Victoria you're entitled to take it after 7 years. In Western Australia, South Australia and Tasmania, a pro rata payment can apply after 7 years in certain situations when employment ends.
Do casual employees get long service leave?
In most states, yes, as long as their employment is continuous. NSW, Victoria, WA, SA and Tasmania all include casual employees in their rules.
Does long service leave carry over if the business is sold?
Usually yes. Victoria says service counts after a sale and the new owner becomes responsible for the entitlement, and WA also counts service where there's been a change of business ownership.
