Long Service Leave Australia 2026: State-by-State Entitlements
Long service leave varies by state. NSW gives 2 months after 10 years, VIC gives 8.67 weeks after 7 years. Complete 2026 guide to qualifying periods, rates, portability, and pro-rata entitlements.
NSW: 2 months (8.67 weeks) after 10 years
In New South Wales, long service leave is governed by the Long Service Leave Act 1955. Employees become entitled to 2 months (8.67 weeks) of long service leave after completing 10 years of continuous service with the same employer. After the initial 10-year qualifying period, additional long service leave accrues at the rate of 5 days (one working week) for each additional year of service, which equates to approximately 4.33 weeks per additional 5 years. Long service leave is paid at the employee's ordinary rate of pay at the time they take the leave. Pro-rata long service leave is payable on termination after 5 years of continuous service if the employee is terminated by the employer for any reason other than serious misconduct, or if the employee resigns due to illness, incapacity, or domestic or pressing necessity. If the employee resigns voluntarily without a qualifying reason before 10 years, no pro-rata entitlement applies in NSW. After 10 years, the full entitlement (and any additional accrued leave) is payable regardless of how the employment ends. NSW does not have a portable long service leave scheme for most industries, except for the building and construction industry which has its own scheme administered by the Long Service Corporation.
VIC: 8.67 weeks after 7 years
Victoria has one of the most generous long service leave provisions in Australia. Under the Long Service Leave Act 2018 (Vic), employees are entitled to 8.67 weeks of long service leave after 7 years of continuous employment. This replaced the previous threshold of 10 years in the older Act. After the initial entitlement, additional long service leave accrues at 4.33 weeks for each additional 5 years of service. Long service leave is paid at the employee's ordinary rate of pay, including any regular loadings and allowances. Notably, Victoria allows pro-rata long service leave payable on termination after 7 years of continuous service in most circumstances — if the employee is terminated by the employer, or if the employee resigns. After 7 years, the entitlement is payable regardless of the reason for termination. Victoria also has portable long service leave schemes for workers in specific industries including community services, contract cleaning, and security. These schemes allow workers to accumulate long service leave entitlements across multiple employers within the industry, addressing the disadvantage faced by workers in industries with high turnover or project-based employment.
QLD: 8.67 weeks after 10 years
In Queensland, long service leave is governed by the Industrial Relations Act 2016 (for state system employees) and the Fair Work Act provisions (for national system employees, with state law applying to the extent it is not inconsistent). Employees are entitled to 8.67 weeks of long service leave after 10 years of continuous service. After the initial qualifying period, long service leave accrues progressively — an additional 8.67 weeks for each subsequent 10 years of service. Long service leave is paid at the employee's ordinary rate of pay at the time of taking leave. Pro-rata long service leave is payable on termination after 7 years of continuous service if the employee's employment is terminated by the employer for any reason other than the employee's serious misconduct. If the employee resigns after 7 years, pro-rata long service leave may be payable in certain circumstances, including illness, incapacity, or domestic pressing necessity. Queensland has a portable long service leave scheme for the building and construction industry, and the Community Services Industry Long Service Leave Scheme was introduced in 2024 to provide portability for workers in that sector.
SA, WA, TAS: qualifying periods and rates
In South Australia, long service leave is provided under the Long Service Leave Act 1987 (SA). Employees are entitled to 13 weeks of long service leave after 10 years of continuous service, one of the most generous rates in Australia. Additional leave accrues at 1.3 weeks per year of service after the first 10 years. Pro-rata is payable after 7 years on termination in most circumstances. In Western Australia, the Long Service Leave Act 1958 (WA) provides 8.67 weeks after 10 years of continuous service, with pro-rata payable after 7 years if the employee is terminated by the employer or resigns due to illness. WA also has a construction industry portable scheme. Additional leave accrues at 4.33 weeks per additional 5 years. In Tasmania, the Long Service Leave Act 1976 (Tas) provides 8.67 weeks after 10 years of continuous service. Pro-rata is payable after 7 years in circumstances including employer-initiated termination. Tasmania also has a portable scheme for the building and construction industry. All three states calculate long service leave pay at the employee's ordinary rate of pay at the time the leave is taken.
NT and ACT: entitlements and portability
In the Northern Territory, long service leave is governed by the Long Service Leave Act 1981 (NT). Employees are entitled to 13 weeks (3 months) of long service leave after 10 years of continuous service — matching South Australia as the most generous rate in Australia. Additional leave accrues at the same rate for each subsequent 10-year period. Pro-rata entitlements are payable on termination after 7 years if the employee is terminated by the employer for any reason other than serious misconduct. In the Australian Capital Territory, the Long Service Leave Act 1976 (ACT) provides 6.07 weeks after 7 years of continuous service, with additional leave accruing at 4.33 weeks per additional 5 years. The ACT qualifying period of 7 years matches Victoria as the shortest in Australia. Pro-rata is payable after 5 years in some circumstances. The ACT has portable long service leave schemes for the building and construction industry, the community sector, the contract cleaning industry, and the security industry. Both territories pay long service leave at the employee's ordinary rate of pay including regular loadings and allowances.
Qualifying periods and continuous service
Continuous service is a critical concept for long service leave. Generally, continuous service means an unbroken period of employment with the same employer. However, certain absences and interruptions do not break continuity. Paid leave (annual, personal, parental) counts as continuous service. Unpaid parental leave counts as service but does not count toward the qualifying period in most states. Other authorised unpaid leave (such as community service leave) generally does not break continuity but may not count toward the qualifying period. Workers' compensation absences count as continuous service. A change in the legal structure of the employer (such as a business sale or corporate restructure) may preserve continuity if the employee's employment is transferred — this is known as transmission of business. Check your state legislation for the specific rules on what counts as continuous service. Some enterprise agreements provide more favourable counting rules. If you have had breaks in employment with the same employer, the impact on your long service leave depends on the length of the break, the reason for the break, and the applicable state law.
Pro-rata long service leave on termination
Pro-rata long service leave on termination is one of the most complex areas of employment law in Australia because the rules vary significantly by state. In most states, pro-rata long service leave is payable when the employee has completed a minimum period of service (usually 5-7 years) and the employment ends in qualifying circumstances. The qualifying circumstances typically include termination by the employer for any reason other than serious misconduct, redundancy, and in some states resignation due to illness, domestic pressing necessity, or other approved reasons. After the full qualifying period (7-10 years depending on the state), the entitlement is generally payable regardless of how the employment ends. The pro-rata calculation is based on the proportion of the qualifying period completed. For example, in a state with a 10-year qualifying period and an 8.67-week entitlement, an employee who is terminated after 7 years would receive 7/10 x 8.67 weeks = 6.07 weeks of long service leave pay. Pro-rata long service leave on termination is paid at the employee's ordinary rate of pay at the date of termination. Use our Leave Entitlements Calculator to estimate your pro-rata long service leave entitlement, and our Take Home Pay Calculator to understand the after-tax value of a long service leave payout.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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