Long service leave legislation - territories and states
This section will overview the unique long service leave entitlements for each state and territory in Australia.
WorkSafe ACT
The Long Service Leave Act 1976 governs long-service leave entitlements in the Australian Capital Territory. This entitles employees to 6 weeks of paid long-service leave after 7 years of continuous employment.
After a minimum of 5 years, employees in Australian Capital Territory can receive pro rata long service leave if their employment ends early.
NSW Industrial Relations
Long service leave in New South Wales is covered by the NSW Long Service Leave Act 1955. The act dictates that employees working for the same company for 10 years are eligible for two months (8.67 weeks) of long service leave.
Employees may also be entitled to pro rata long service leave if they are let go or made redundant by their employer, as long as they were not dismissed for serious misconduct.
NT Government
Long service leave in the Northern Territory is covered by the Long Service Leave Act 1981. This legislation states that employers who work for the same company for 10 years will be entitled to 13 weeks of long service leave.
Additionally, employees will qualify for 6.5 weeks of annual service leave after every 5 years of continuous employment.
Queensland Industrial Relations
Queensland long service leave is covered by the Industrial Relations Act 2016, which specifies that workers are entitled to 8.67 weeks of paid leave following 10 years of working for the same organisation. They are entitled to an additional 4.33 weeks of long service leave every 5 years beyond that.
Much like the Northern Territory legislation, Queensland employees are entitled to have their long service leave paid to them if they lose their job after more than 10 years of service.
Safework SA
Long service leave is covered by the Long Service Leave Act 1987 in South Australia. This act entitles employees to 13 weeks of long service leave after ten years of continuous employment for the same organisation. Employees will also qualify for an extra 1.3 weeks of long service leave each subsequent year following the initial ten.
Those employed for between 7 and 10 years are entitled to pro rata long service leave. This works out to 1.3 weeks of leave for each year of employment.
WorkSafe Tasmania
Long service leave in Tasmania is governed by the Long Service Leave Act 1976. This act specifies that Tasmanian employees are eligible for 8.66 weeks of long service leave after 10 years of employment. For every 5 years of work after this, they are also eligible for a further 4.33 weeks of long service leave.
If an employee's contract is terminated after working for an organisation for over 10 years, they are entitled to have their 8.33 weeks of long service leave paid out.
Business Victoria
Victorian long service leave is governed by the Long Service Leave Act 2018. This means that Victorian employees only need to work for the same organisation for 7 years before qualifying.
The amount of long service leave in Victoria is calculated by dividing the employee's total number of hours by 60 and then multiplying it by the weekly rate of pay they received when they took their leave.
Department of Mines, Industry Regulation and Safety
The Long Service Leave Act 1958 governs long service leave entitlements in Western Australia. Those with over 10 years of experience are eligible for 8.67 weeks of long service leave. In addition, they will also qualify for an additional 4.33 weeks of long service leave for every 5 years of additional employment.
