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NES & Fair Work

Long Service Leave by State: An Australian Guide

·6 min read·By Mentsh

Long service leave (LSL) is one of the oldest workplace entitlements in Australia — and one of the most confusing. Unlike annual and personal leave, LSL is not part of the National Employment Standards. Each state and territory has its own LSL Act, and the rules differ on accrual, qualifying period, pro-rata access on termination, casuals, and continuity of service.

This is a plain-English overview, not legal advice. Always verify specifics with your relevant state or territory authority (e.g. NSW Industrial Relations, Wage Inspectorate Victoria, Business Queensland) or your enterprise agreement / award.

The typical pattern

Across most jurisdictions, the common shape looks something like this:

  • Roughly 8.67 weeks of paid LSL after 10 years of continuous service with the same employer.
  • Pro-rata access to LSL on termination after around 7 years of continuous service in many states (Victoria differs).
  • LSL accrues during most paid leave; unpaid leave usually does not count, with some exceptions.
  • Casuals can accrue LSL where service is regular and systematic (jurisdiction-dependent).

Treat the numbers above as a rule of thumb. Your state or territory act sets the exact entitlement and qualifying period for your workforce.

State and territory snapshot

High-level notes only — check each act for exact figures and edge cases.

  • NSWLong Service Leave Act 1955. 2 months (8.67 weeks) after 10 years; pro-rata after 5 years in defined circumstances.
  • VICLong Service Leave Act 2018. Notably more generous on access: employees can request LSL after 7 years of continuous service; accrual is 1/60th of total service.
  • QLDIndustrial Relations Act 2016. 8.6667 weeks after 10 years; pro-rata after 7 years on termination in certain circumstances.
  • WALong Service Leave Act 1958. 8.667 weeks after 10 years; further 4.333 weeks every 5 years thereafter.
  • SALong Service Leave Act 1987. 13 weeks after 10 years (more generous than the common 8.67 figure).
  • TASLong Service Leave Act 1976. 8.667 weeks after 10 years; pro-rata after 7 years on termination in certain circumstances.
  • ACTLong Service Leave Act 1976 (ACT). Similar 10-year framework; portable LSL schemes apply in several industries.
  • NTLong Service Leave Act 1981. 13 weeks after 10 years; pro-rata access on termination after 7 years in defined circumstances.

Portable LSL schemes

Some industries operate portable LSL schemes, where service is accrued against the industry rather than a single employer. Common examples include construction, contract cleaning and (in some states) community services and security. Employers in scope register with the relevant authority and pay a levy; workers carry their accrual between jobs in that industry.

How continuous service is counted

  • Paid leave (annual, personal/carer’s, paid parental) generally counts as service.
  • Unpaid leave typically does not count, with limited exceptions (e.g. some unpaid parental leave).
  • A genuine transfer of business often preserves prior service for LSL purposes.
  • Short breaks between fixed-term contracts can preserve continuity in some jurisdictions.

How Mentsh helps

Mentsh tracks continuous service per employee, applies the right LSL ruleset by work state, and surfaces upcoming LSL milestones so payroll has no surprises. See Leave management for the full feature list, or jump to pricing.

Run AU-compliant HR in one place.

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