Long service leave - See your state
- ACT - WorkSafe ACT
An employee who completes a period of continuous service of at least 7 years is entitled to 6.0667 weeks paid leave. When a public holiday or award holiday falls during long service leave, the period of long service leave is increased by one day for each public or award holiday.
For each subsequent year of continuous service, the employee accrues a further 1/5 of a month of long service leave.
Continuous Service includes:
Periods of annual leave or long service leave
- Leave for up to 2 weeks per year for illness or injury
- A period in which the employee’s service is interrupted or terminated by the employer with the intention of avoiding the granting of long service leave
- The period of apprenticeship of an employee who commences service with an employer within 12 months of completing the apprenticeship or approved training contract with the employer.
Where an employee has been employed for at least 5 years but less than 7 years and the employment is terminated:
- by the person, because of illness or incapacity or a domestic or other pressing necessity of such a nature to justify the termination or
- by the person upon or after attaining the minimum retiring age; or
- by the death of a person
- by the employer, for reason(s) other than for the employee's serious and wilful misconduct.
- The employee is entitled to a pro rata payment of long service leave for each completed year and month of service.
- click here for more info
- NSW - NSW Industrial Relations
Long service leave applies to most NSW employees who are full-time, part-time or casuals.
If you have been working for the same employer for 10 years you are entitled to 2 months (8.67 weeks) paid leave, to be paid at your ordinary gross weekly wage under the NSW Long Service Leave Act 1955 (the Act).
The Act also provides for a pro-rata entitlement after five years, if the employee resigns as a result of:
- illness,
- incapacity or
- domestic or other pressing necessity.
If an employee resigns for one of the above reasons they need to advise the employer in writing at the time of giving notice.
The Act also provides for a pro-rata entitlement after five years, if an employee’s services have been terminated by the employer for any reason other than serious and wilful misconduct, or if the employee dies.
If an employee ceases employment before 5 years service there is no entitlement for long service leave.
- NT - NT Government
- Qld - Queensland Industrial Relations
- SA - SafeWork SA
- Tas. - WorkSafe Tasmania
- Vic. - Business Victoria
- WA - Commerce WA
Reference