Long Service Leave by State 2026: NSW, VIC, QLD, WA — Side-by-Side Comparison

Unlike most other employment entitlements, long service leave isn't covered by the National Employment Standards (NES) in the Fair Work Act. Instead, it is governed by separate state and territory legislation. The result: the entitlement differs depending on which state or territory you work in.

The historical reason is that long service leave predates the national workplace relations system — it was first introduced in Victoria in 1953 and was adopted state-by-state over the following decades. When the Fair Work Act was introduced in 2009, long service leave was deliberately left to the states rather than being nationalised.

As a result, the qualifying period, the amount of leave, pro-rata eligibility, and portability rules all vary depending on your jurisdiction. This can be confusing, especially for employees who work across state borders.

In New South Wales, employees are entitled to 2 months (8.6667 weeks) of long service leave after 10 years of continuous service with the same employer. After the initial 10 years, additional leave accrues at the rate of 4.3333 weeks for every 5 years of service (or proportionally, about 0.8667 weeks per year). Pro-rata long service leave is payable on termination after 5 or more years of continuous service if the employee is dismissed for any reason other than serious misconduct, or if the employee resigns due to illness, incapacity, or a domestic pressing necessity.

If the employee is terminated by the employer (for reasons other than serious misconduct) after 5 years, they receive a proportionate amount. NSW also has portable long service leave schemes for certain industries: building and construction, contract cleaning, and community services.

Victoria updated its long service leave legislation in 2018. Employees are entitled to 60 business days (approximately 12 weeks based on a 5-day week) of long service leave after 15 years of continuous employment. For service from 1 January 2018 onward, the entitlement changed to accrual from the start of employment at a rate of 60 days per 15 years (4 days per year of service).

After 15 years, additional leave continues to accrue at the same rate. Pro-rata access is available after 7 years of continuous service if the employee is terminated for any reason other than serious misconduct, the employee resigns due to ill health or domestic pressing necessity, or the employer and employee agree.

Victoria also has portable long service leave in the community services and contract cleaning sectors.

In Queensland, under the Industrial Relations Act 2016, employees are entitled to 8.6667 weeks of long service leave after 10 years of continuous service. Pro-rata access is available after 7 years if the employee is terminated for any reason other than the employee's serious or wilful misconduct. In Western Australia, under the Long Service Leave Act 1958, the entitlement is 8.6667 weeks after 10 years of continuous service, with pro-rata access after 7 years on termination (except for serious misconduct).

This is worth knowing. WA also allows employees to take long service leave in advance by agreement. In Tasmania, under the Long Service Leave Act 1976, employees are entitled to 8.6667 weeks after 10 years of continuous service.

Pro-rata access is available after 7 years when employment is terminated by the employer for reasons other than serious and wilful misconduct or by the employee on account of illness, incapacity, or domestic pressing necessity.

South Australia stands out with one of the most generous long service leave entitlements in Australia. Under the Long Service Leave Act 1987, employees are entitled to 13 weeks (3 months) of long service leave after 10 years of continuous service. The leave accrues at 1.3 weeks per year of service.

Pro-rata is available after 7 years of qualifying service. In the Australian Capital Territory, under the Long Service Leave Act 1976, the entitlement is 6.0667 weeks after 7 years of continuous service — the shortest qualifying period in Australia.

After 7 years, additional leave accrues at 0.8667 weeks per year. In the Northern Territory, under the Long Service Leave Act 1981, employees are entitled to 13 weeks after 10 years of continuous service (the same as SA), with pro-rata access available after 7 years on termination.

Most states and territories provide pro-rata access to long service leave after a minimum period of service (usually 5 or 7 years), typically when the employee is terminated by the employer for reasons other than serious misconduct. Some states also allow pro-rata access on resignation in certain circumstances (such as illness or domestic reasons). Portability is an emerging trend: several states have established portable long service leave schemes for industries with high employee mobility, where workers move between employers but stay in the same industry.

These schemes currently operate in building and construction (all states/territories), contract cleaning (NSW, VIC, QLD, ACT), community services (VIC, QLD, ACT), and security (ACT, QLD). Under these schemes, long service leave accrues with the industry, not the individual employer.

Long service leave is paid at the employee's ordinary rate of pay at the time the leave is taken (or at the time of termination if paid out). This includes the base rate and any regular loadings or allowances that form part of the employee's ordinary pay. It doesn't include overtime, penalty rates, or irregular bonuses.

In most states, the leave can be taken as a continuous block, or by agreement it can be taken in shorter periods (typically minimum of 1 week). Some jurisdictions allow the employee to take long service leave at half pay for double the period (for example, 17.3 weeks at half pay instead of 8.67 weeks at full pay).

Long service leave accrued but not taken at the time of termination must be paid out in the employee's final pay. Use our Leave Entitlements Calculator to estimate your current long service leave accrual.