Notice Period After 17 Years of Service
Find out the minimum notice period required after 17 years of continuous service under Australian employment law (2026).
Last verified: 2 August 2026Quick Answer
After 17 years of continuous service, the minimum notice period is 4 weeks under the NES (Fair Work Act 2009, s117). If the employee is aged 45 or over, they are entitled to an additional week (5 weeks total).
Minimum Notice
4 weeks
If Aged 45+
5 weeks
Service Bracket
More than 5 years
Over 45? You May Get an Extra Week
Employees aged 45 or over who have completed at least 2 years of continuous service are entitled to an additional 1 week of notice on top of the standard entitlement.
With 17 years of service, employees aged 45+ would receive 5 weeks’ notice (standard 4 + 1 extra week).
What If Your Employer Doesn’t Give Notice?
If your employer terminates your employment without giving the required notice, they must pay you payment in lieu of notice. This payment equals the amount you would have earned during the notice period.
Payment in lieu of notice includes your base rate of pay and any applicable allowances and loadings, but does not include overtime.
Your employer can also give you part of the notice period and pay out the remainder. For example, they could give you 1 week’s working notice and pay out the remaining 3 weeks.
What If You Don’t Give Notice?
If you resign without giving the required notice, your employer may be able to deduct an amount from your final pay equivalent to the notice period not worked. However, this can only occur if:
- The deduction is authorised by your award or enterprise agreement
- The deduction is reasonable in the circumstances
- The employee has agreed in writing to the deduction
In practice, most employers cannot recover notice pay from employees without a specific clause in the award or agreement authorising it.
Full NES Notice Period Scale
| Length of Service | Minimum Notice | If Aged 45+ (2+ yrs) |
|---|---|---|
| Not more than 1 year | 1 week | 1 week (N/A) |
| More than 1 year but not more than 3 years | 2 weeks | 3 weeks |
| More than 3 years but not more than 5 years | 3 weeks | 4 weeks |
| More than 5 years ← You | 4 weeks | 5 weeks |
Check Your Notice Period
Use the calculator below to check your exact notice period, including the over-45 additional week entitlement.
Frequently Asked Questions
What is the notice period after 17 years of service?
Under the National Employment Standards (NES s117), an employee with 17 years of continuous service must receive at least 4 weeks' notice of termination. If the employee is aged 45 or over, an additional week of notice is required (5 weeks total).
How much notice does my employer have to give me after 17 years?
Your employer must give you at least 4 weeks' written notice of termination after 17 years of service. Alternatively, they can pay you in lieu of notice — meaning they pay you for the notice period instead of making you work it.
Can my employer pay me instead of giving notice?
Yes. Your employer can choose to pay you in lieu of notice. Payment in lieu must equal the amount the employee would have been paid if they had worked through the notice period, including any allowances and loadings but excluding overtime.
Do I have to give notice when I resign?
Yes. Employees are generally required to give the same minimum notice period when resigning. Check your award, enterprise agreement, or employment contract as they may specify different notice requirements for resignation.
Does the notice period include weekends and public holidays?
Yes. Notice periods are calculated in calendar weeks, which include weekends and public holidays. A 2-week notice period means 14 calendar days, not 10 working days.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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